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What we usually see in almost everywhere we go, be it offices, hospitals, churches, mosques, cinemas, and banks, among others, is the inscription ‘cars or vehicle are parked at owners’ risk’. By this notice, owners and managers of facilities exonerate themselves from all liability in the event of a car or vehicle theft within their premises. Hence, there is a need to ask or interrogate the enforceability or otherwise of such disclaimers or notices.
It is trite in law that the principal is liable for the acts of the agent. This argument, therefore, downplays the position that facility owners, who exonerate themselves from the liability arising from the negligence of their security personnel in the event that parked vehicles are stolen within their premises. In most cases, it has been found that property owners, managers of properties and security personnel do not seem to understand the import of such disclaimers they brandish.
Another attorney, Emmanuel Oti, however, agrees that such disclaimer notices cleverly exonerate managers and owners of facilities of any liability in the event of car theft for these signs are warnings and ignoring the red alerts implies that the property owner or manager would not be liable when anything goes wrong, but that if car theft in a particular place has become a recurring decimal and there are records of repeated occurrence, then the hotel management can be held responsible, as a...
Negligence is any act or omission, which falls short of a standard to be expected of ‘the reasonable man’. The important ingredients that constitute negligence include the duty of care, breach of the duty, and harm or damages. The legal principle of negligence, which covers this caveat being discussed, was explained in the Supreme Court of Nigeria case of Diamond Bank Limited v.
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