Carpark Damage Due to Carpark Condition. Are the owners liable?

  • NAB's Avatar
    I drove to a local football ground tonight to drop off and pick up my stepson at football practice.


    I could see the ground of the carpark was uneven, but had to use it as the is no other alternative. I drove at an absolute crawl across the carpark, but it is in a ridiculous state and really totally unacceptable to be used. On the way home, moments down the road, something sounding like either my suspension or the parking brake started making a horrendous noise. Clearly something happened after being thrown around navigating the huge holes. They are unavoidable, however slow you drive across it and whatever route is taken.


    I went back to look at the car park later this evening and saw that there is a sign at the entrance stating “all persons and vehicles entering this site do so at their own risk”.


    However, It’s hard to fathom how it has been allowed to get into the state it is in, and no signs to specifically acknowledge its condition and potential risk of damage.


    Do the signs negate the car park owners liability for the damage and cost of repair, or are they simply there to deter someone from taking action against them for damage caused?


    In my experience, simply stating something like this doesn’t necessarily remove or limit liability.
  • 2 Replies

  • Best Answer

    Rolebama's Avatar
    Best Answer
    I only know of one person who consulted a solicitor about damage caused to his car because of the state of a private car park. The solicitor explained that he had a choice to use the car park or not, and that by entering the car park he accepted the meaning of the signage re the owner not taking any responsibility. Therefore he had no case.
    I don't know who owns that particular car park so it may be different if it was Council owned.
  • Drivingforfun's Avatar
    Was it private land?

    You say there was no other choice but I am assuming you did have the choice to not enter the private land, no one made you

    Reversing the roles, if you decided not to maintain your own driveway and a member of the public decided to drive on it, it's not your fault if they damaged their car

    I hope I don't sound unsympathetic, I'd be annoyed, I just don't think it's worth wasting your time looking into, unless perhaps it was some kind of council-owned football ground in which case I might be wrong