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A twist on the old 'shopping cart hit my car' scenario

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  • A twist on the old 'shopping cart hit my car' scenario

    Hi,

    In the six years I've owned my car, it's been mauled twice by wayward
    shopping carts. The first one was a runaway shopping cart in a Kroger
    parking lot. It cost me $700 in repairs. I didn't attempt to collect.
    I filled out a comment card explaining what had happened. Someone from
    the company wrote and asked which store location it was. I wrote back
    with the address and never heard another thing. That's about what I
    would expect.

    However the second accident, which occured today, is a little
    different. I was driving home. It was a bit windier than usual. As I
    passed a grocery store, a shopping cart from that store rolled into
    the street and struck my car, breaking the side mirror and putting
    several nice, deep scratches down the side of the door. I stopped
    right away and had the manager of the store take my name and number
    and also take photographs of the damage. I got their info and left.

    So now I'm contemplating the whole situation. Grocery stores typically
    have signs in their parking lot that disavow any damage to vehicles.
    Motorists assume a risk when parking there, and have the choice to go
    elsewhere if they wish not to accept those terms. However I was not in
    the parking lot. I was minding my own business, on a public street.

    I can sympothize with store owners who feel compelled to offer
    shopping carts for their customers use. Even if they provide corrals
    for the carts and have employees collect them on a routine basis,
    customers will still leave them sitting in the lot. However I don't
    think it negates their responsibility when their property, still in
    their possesion and still in service (not stolen or removed from the
    premisses), causes damage to other property.

    I'm probably going to have to eat this one. I don't want to be an ***
    about it, and the cost and effort of pressing civil action would make
    any possible victory a shallow one.

    Anyway, I'm just fishing for opinions. Any comments?

    tod

  • #2
    A twist on the old 'shopping cart hit my car' scenario

    tod wrote:
    Hi,
    In the six years I've owned my car, it's been mauled twice by wayward shopping carts. The first one was a runaway shopping cart in a Kroger parking lot. It cost me $700 in repairs. I didn't attempt to collect. I filled out a comment card explaining what had happened. Someone from the company wrote and asked which store location it was. I wrote back with the address and never heard another thing. That's about what I would expect.
    However the second accident, which occured today, is a little different. I was driving home. It was a bit windier than usual. As I passed a grocery store, a shopping cart from that store rolled into the street and struck my car, breaking the side mirror and putting several nice, deep scratches down the side of the door. I stopped right away and had the manager of the store take my name and number and also take photographs of the damage. I got their info and left.
    So now I'm contemplating the whole situation. Grocery stores typically have signs in their parking lot that disavow any damage to vehicles. Motorists assume a risk when parking there, and have the choice to go elsewhere if they wish not to accept those terms. However I was not in the parking lot. I was minding my own business, on a public street.
    I can sympothize with store owners who feel compelled to offer shopping carts for their customers use. Even if they provide corrals for the carts and have employees collect them on a routine basis, customers will still leave them sitting in the lot. However I don't think it negates their responsibility when their property, still in their possesion and still in service (not stolen or removed from the premisses), causes damage to other property.
    I'm probably going to have to eat this one. I don't want to be an *** about it, and the cost and effort of pressing civil action would make any possible victory a shallow one.
    Anyway, I'm just fishing for opinions. Any comments?
    tod

    IMHO, in a non legal way, the store should be held responsible in this
    case.
    Since you had the manager witness the affair, and took photos, it would be
    clearly shown that you were not on their property.
    Their liability is only contained to their property. Period.
    If they can prove that someone actually pushed the cart deliberately, then
    they are off the hook.
    Get the estimates and have their insurance adjuster look at the damage.
    If they refuse, take them to court.


    Comment


    • #3
      A twist on the old 'shopping cart hit my car' scenario

      Take them to small claims court and let a judge decide.

      "tod" <[email protected]> wrote in message
      news:[email protected] om...
      Hi, In the six years I've owned my car, it's been mauled twice by wayward shopping carts. The first one was a runaway shopping cart in a Kroger parking lot. It cost me $700 in repairs. I didn't attempt to collect. I filled out a comment card explaining what had happened. Someone from the company wrote and asked which store location it was. I wrote back with the address and never heard another thing. That's about what I would expect. However the second accident, which occured today, is a little different. I was driving home. It was a bit windier than usual. As I passed a grocery store, a shopping cart from that store rolled into the street and struck my car, breaking the side mirror and putting several nice, deep scratches down the side of the door. I stopped right away and had the manager of the store take my name and number and also take photographs of the damage. I got their info and left. So now I'm contemplating the whole situation. Grocery stores typically have signs in their parking lot that disavow any damage to vehicles. Motorists assume a risk when parking there, and have the choice to go elsewhere if they wish not to accept those terms. However I was not in the parking lot. I was minding my own business, on a public street. I can sympothize with store owners who feel compelled to offer shopping carts for their customers use. Even if they provide corrals for the carts and have employees collect them on a routine basis, customers will still leave them sitting in the lot. However I don't think it negates their responsibility when their property, still in their possesion and still in service (not stolen or removed from the premisses), causes damage to other property. I'm probably going to have to eat this one. I don't want to be an *** about it, and the cost and effort of pressing civil action would make any possible victory a shallow one. Anyway, I'm just fishing for opinions. Any comments? tod

      Comment


      • #4
        A twist on the old 'shopping cart hit my car' scenario

        Possessors of land generally have a duty to toward those off the land
        regarding activites occurring on the land. But, this duty may not be
        absolute. You may have to demonstrate that the store, or one of its agents
        (for vicarous liability), acted negligently, and that this negligence was
        the proximate cause of your injury.

        The store may also have a duty to guard against the foreseeable negligence
        of its customers.

        And, a customer may also have acted intentionally in this case. That
        should relieve the store of liability.

        I feel if the store had adequate corrals, if it removed loose carts from
        the lot as soon as practical, or took good measure to prevent loose carts
        from exiting the land, it shouldn't be liable in this instance.

        Depending on the extent of the damage (especially if it were much more than
        my deductible), I'd just file an insurance claim and let the insurer worry
        about subrogating against the liable party.

        Comment


        • #5
          A twist on the old 'shopping cart hit my car' scenario

          Thanx everyone for your replies. The damage to my car, as bad as it
          looked, turns out to only be about $86 to fix. What looked like deep
          scratches were actually burnt shopping cart! The mirror was cheap. So
          I'm going to give the store a few days to do the right thing and own
          up. Otherwise I think I'll just pay it and be more cautious when
          driving past grocery stores.

          Thanx again,

          tod

          Najena <[email protected]> wrote in message news:<[email protected]>. ..
          Possessors of land generally have a duty to toward those off the land regarding activites occurring on the land. But, this duty may not be absolute. You may have to demonstrate that the store, or one of its agents (for vicarous liability), acted negligently, and that this negligence was the proximate cause of your injury. The store may also have a duty to guard against the foreseeable negligence of its customers. And, a customer may also have acted intentionally in this case. That should relieve the store of liability. I feel if the store had adequate corrals, if it removed loose carts from the lot as soon as practical, or took good measure to prevent loose carts from exiting the land, it shouldn't be liable in this instance. Depending on the extent of the damage (especially if it were much more than my deductible), I'd just file an insurance claim and let the insurer worry about subrogating against the liable party.

          Comment

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