Q: My car was stolen in a carpark with automated barricade system. Is carpark managements liable for negligence?
Yes.
- There was a relationship of bailor-bailee between carpark management and the owner of the car. The carpark management who is the bailee is responsible to keep the car in their possession safe until the bailor (car owner) comes and redeems from them.
- The carpark managements are liable for negligence if the car under their care and possession is stolen.
- The carpark management shall have an effective and operational automated parking system that can effectively restrain vehicles which could not produce a valid paid ticket from exiting the premises.
- If there is weakness in the parking system which will allow a tailgating vehicle to pass through the barricade without producing a paid ticket, the management of the carpark has a duty to employ security guards at every exit of the carpark.
- The carpark management has the duty to place security guards to monitor the CCTV of the carpark.
- Carpark management cannot rely on exclusion clause to exclude negligence.
Case in point: Euro Rent A Car Sdn Bhd Iwn Sunway Parking Services Sdn Bhd [2017] MLJU 2279. Shah Alam Mahkamah Sesyen no: BA-A53-10-06 tahun 2016