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Premise Liability Legal Case

Mitchell. Many valet parking services will print a Hold Harmless clause on the ticket or on a posted sign. Some courts say that such disclaimers are not valid if the customer has no knowledge of them when they parked. Did Continental or Dangerfield have signs posted?.
             Continental would have a difficult time in winning the negligence claim. Continental employed Mr. Mitchell. An employer is liable for their employees' actions during the course of their business. Mr. Mitchell was negligent since he was the driver at the time of this incident. Continental's business insurance policy would cover injuries to Ms. Hartman. .
             Did Ms. Hartman realize she gave bailment to Continental when she pulled up to the valet parking attendant and turned over her keys? One creates bailment when they temporary transfer property to another for a limited time. They do this when they transfer possession not ownership. Ms. Hartman falls under this as she intended to transfer possession to Continental, she was given a claim ticket by the attendant, she did not retain the keys and the attendant parked the car. Ms. Hartman gave bailment to Continental when she turned over her keys to Mr. Mitchell. She therefore turned over possession to Continental.
             Many hotel and restaurant businesses offer valet parking services. While some businesses use their own employees, many are outsourcing to outside firms to lessen liability issues. Regardless of whether they use their own employees or outsource this benefit, the business still needs to be concerned about property damage to other vehicles, theft, and bodily injury to guests and pedestrians. Many valet attendants are college age as there is a high turnover rate. The driving experience of this age group is less than stellar. To reduce risk employers should hire attendants with a clear driving history. Driving records should be reviewed on an annual basis and more often if the turnover rate is high.


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