You’ve probably seen the sign a thousand times: “Cars Parked at Owner’s Risk.” Whether it’s at a shopping mall, a restaurant, or a commercial parking lot, this warning almost feels like a universal excuse for businesses to say, “If something happens to your car, don’t blame us!”

But here’s the real question: Can businesses and property owners in Nigeria truly wave away their responsibility with a simple disclaimer sign?

In this article, we dive deep into the world of disclaimers and exclusion of liability clauses in Nigerian law, how they work, when they are valid, and what the courts say about your rights.

What Does “Cars Parked at Owner’s Risk” Really Mean?

A disclaimer is a statement meant to limit a business’s legal responsibility if something goes wrong. In the case of parking lots, the infamous sign “Cars Parked at Owner’s Risk” is a clear disclaimer.

In legal terms, it is called an exclusion of liability clause. Businesses often use it to shield themselves from potential claims by customers.

However, let me shock you: just because there’s a sign doesn’t mean the business is automatically off the hook. Nigerian law sets conditions that must be met before such disclaimers can hold water.

Can a Simple Sign Remove a Business’s Liability?

Under Nigerian law, disclaimers like “Cars Parked at Owner’s Risk” are only effective if certain legal requirements are satisfied. Let’s dive into it:

1. Reasonable Notice of the Disclaimer

The disclaimer must be visible and provided before you park your car.

• If the sign is hidden or only seen after you’ve parked, the business may not be able to rely on it.

• Nigerian courts insist that customers must have a fair chance to read and understand the warning before deciding to use the facility.

2. The Disclaimer Must Be Clear and Unambiguous

The wording must be specific and easy to understand.

• A vague phrase like “Cars Parked at Owner’s Risk” may leave room for argument.

• Is the business excluding liability for theft, damage, or both?
  If it’s unclear, the disclaimer may be struck down by the courts.

3. Disclaimers Cannot Excuse Gross Negligence

Even with a disclaimer in place, a business cannot escape liability for gross negligence.

• Example: If a car park is poorly lit, has no security, and your car is stolen, the owner can’t simply hide behind a sign.

• Nigerian courts have repeatedly held that basic precautions such as lighting, CCTV, or security guards are expected to be provided for by the owner of such premises.

A Landmark Case in Nigeria: The Imo Concorde Hotel Vs Anya 

On December 19, 1986, Justice K. O. Anya (rtd) parked his Peugeot 505 at the Imo Concorde Hotel. By the next morning, it had been stolen.

He sued the hotel for negligence.

The Supreme Court ruled that because a disclaimer was boldly displayed, the car owner parked at his own risk. The court further emphasized that a person owes a duty of care only to their “neighbour” someone directly affected by their actions or omissions.

This case shows that Nigerian courts may sometimes uphold disclaimers, but they also weigh the reasonableness of each situation.

How Nigerian Courts Treat Exclusion Clauses Today

Thanks to modern consumer protection principles, not every exclusion clause is automatically valid. Courts apply a reasonableness test, asking:

• Was the disclaimer properly communicated?

• Did the business take reasonable steps to protect the customer’s property?

• Is the exclusion fair in the circumstances?

For example:

• If a parking lot has CCTV, lighting, and guards, but your car gets scratched by another driver, the disclaimer may stand.

• But if the facility is insecure and a theft occurs, the disclaimer might be invalidated.

Should You Worry About the “Cars Parked at Owner’s Risk” Sign?

While businesses use disclaimers to limit liability, Nigerian law does not allow them to escape responsibility that easily.

• For a disclaimer to be valid, it must meet strict legal standards.

• Businesses cannot rely on signs to cover up negligence.

• Courts will always look at whether the business acted reasonably in protecting customers.

So, the next time you see “Cars Parked at Owner’s Risk,” remember: you still have rights. If your car is damaged or stolen, you may still hold the business accountable.

Conclusion

Disclaimers like “Cars Parked at Owner’s Risk” are common in Nigeria, but their power is not absolute. The law expects businesses to act reasonably and cannot excuse gross negligence with a simple sign.

 If you ever find yourself in such a situation, seek legal advice. You might have more rights than that disclaimer suggests.

Ignorantia Juris Non Excusat
(Ignorance of the law is not an excuse )