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Spray paint and parking lot incident Kentucky

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  • Spray paint and parking lot incident Kentucky

    A friend of mine went to the local Dollar General Store and upon returning home, she noticed orange spray paint all over the side of her car. She was confused about where it came from and realized it wasn't coming off. Later that day, her husband went to the same Dollar General and saw 3 cans of orange spray paint busted up in the parking lot. He realized that she ran over those and that's what caused it to be all over her car. He took pictures and videos of the spray paint in the parking lot and on her car. Is the store liable for this? It's not just a little on her car either; it's like the entire can busted on it.

  • #2
    Why should they be? Who wasn't looking and ran over the cans?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Originally posted by cbg View Post
      Why should they be? Who wasn't looking and ran over the cans?
      I'm sorry, but if you're in a fairly large 4x4, it would be easy to miss spray paint cans. They could easily appear as a soda can. It's not like she was aiming for them. Who would expect spray paint cans to be in the middle of a parking lot?

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      • #4
        Right, so why would the store have any reason to think they should be looking for them? And if they had no way of knowing the paint was there, why should they be liable?

        Bottom line, unless she has evidence sufficient to hold up in a court of law that they not only knew they were there but that they'd known long enough to have been able to do something about it, their liability is probably nil.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          I have to agree with cbg. The store most likely did not even know the paint cans were there - very seriously doubt they have any liability.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            Sometimes bad luck is just bad luck and you have to suck it up, not try to blame shift to someone else.

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            • #7
              Does Dollar General even sell spray paint? They probably don't even own the parking lot. Either way, it is not their responsibility to look for hazards in the parking lot and make sure patrons do not drive over things they should not.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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