Question

Eric and Pat are baseball fans. They drove to the local stadium in Eric's car to watch a game, and decided to park in the parking garage. When driving into the parking garage, they were required to take a ticket in order to get access to the garage. The cost for parking the car was $15.00, which was not due until exiting the garage. After taking the ticket, they parked the car and then walked across the street to the game. When the game was over, they walked back to the car. Upon approaching Eric's vehicle, they noticed that one of the windows had been smashed in. Everything inside had been taken, including Pat's work laptop which had been sitting in a bag in the backseat of the car. Eric and Pat were upset that the parking garage security didn't notice and prevent this crime from happening. Eric and Pat filed a lawsuit against the company that runs the parking garage. The company (ABC Co.) defended, stating that on the back of the ticket is a clause which states the following in conspicuous lettering: "ABC Co. is not liable for any loss of contents or damage caused to vehicles parked in the garage due to its own negligence or the actions of any other person." Will the court uphold the clause on the parking ticket? Make sure to fully explain your answer. This means including the law that applies and the reasoning in applying that law.

Answer 1