Towing Issues: Towing damaged emergency brake, brake car, tow company

Question
Car was towed from a shopping parking lot. The tow truck did not place our 328I BMW on a bed. Instead, he towed the Beamer on its rear wheels destroying the emergency brake. The tow company has a disclaimer written on their paperwork to reflect that the tow company is not responsible for any damages.

We had to have the emergency brake replaced by the dealer. Does the disclaimer hold and protect the towing service innocent from damages in that they are not responsible for damages to the brakes? Should the towing company be aware that certain cars must be towed on top of the bed instead of pulled behind the tow truck? If I know it, it seems to me that a professional tower would also have the same knowledge and be responsible for protecting the owner from damages.

Please let me know where my thinking is flawed. Can I charge the tow company for damages?

Answer
Most disclaimers are not worth the paper they are written on. A towing company cannot just say they are not responsible for actions that they take. Having a sign saying not responsible for theft in their lot is different, but towing a vehicle properly is their responsibility. Now, as for the tow, if they towed the vehicle with a wheel lift and neglected to take off the emergency brake (I'm guessing yours is front wheel drive) then the towing company is responsible for the damages.