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If your grocery cart rolls into another car in the parking lot of a grocery store are you responsible for the scratches on the vehicle?

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2015-07-17 19:33:15
2015-07-17 19:33:15

Each state, city, or town has its own ordinances. In most cases, the person who chooses to use the cart is responsible for the safety of people and property in maintaining control of the cart. In too many cases, the person who causes damage by irresponsible control of a cart does not remain on the scene to accept responsibility for property damage. Always try to get the personal information from the responsible party, or if they have left the premises, check with the store management for any surveillance video that may be helpful.

A claim's adjuster to a very big, national discount store said it is definitely NOT as simple as posting a sign that limits the stores' liability. That is essentially worthless. Stores send employees out to scan the parking lot for carts. Each suit is decided on a case by case basis, and there are multiple factors. How long was the cart outside? How recently was the parking area checked? For instance, say you went inside, and 5 minutes later, someone pushes a cart into your car. You discover it and file a claim. You will probably lose, because the store will say they cannot guarantee 100% protection from shopping carts. And as long as they are actively checking and performing their due diligence, they will win. However, say the cart has been out there an hour, and then it damages your car. That may be considered negligence on the store's part and they may be considered liable. I say "may" because I am not an attorney, but I have been through the ringer with this sort of thing, and it all comes down to the judge. There may be other factors as well.

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