by Guest » Tue Jun 12, 2012 09:11 pm
I was loading up my minivan when my shopping cart turned and rolled about 5 feet into a nearby parked pickup truck. It made a loud bang, but there didn't seem to be any damage; the cart had rubber corner protectors on it. I left a note anyway. The guy called me back and said there was a dent. He said his autobody place could paint the door for $500 or pull the dent for $200. The guy said he had a friend who could fix it for $100. I feel I'm being scammed. :evil: I don't see how a shopping cart can roll 5 feet and cause a dent. I'd prefer not to contact my car insurance company; I don't want my rates to go up. I wish I had taken a picture! Any suggestions on how to handle this?Thanks! [color=DarkBlue][/color]
Posted: Wed Jun 13, 2012 12:51 am Post Subject:
Ask to go see the damage or ask the person to send you a photo.
Posted: Wed Jun 13, 2012 01:43 am Post Subject:
Tell him to submit a claim to the shopping center for not taking appropriate measures to prevent their carts from rolling within their parking lot.
Posted: Wed Jun 13, 2012 01:48 am Post Subject:
Tell him to submit a claim to the shopping center for not taking appropriate measures to prevent their carts from rolling within their parking lot.
The OP was using the cart when it rolled into the other vehicle. What is the store supposed to do?
Posted: Wed Jun 13, 2012 02:27 am Post Subject:
@Tcope. Our firm has successfully recovered from shopping establishments for parking lot incidents related to the usage of shopping carts. One theory involves accountability for failing to provide a cart that does not roll along a straight pathway (i.e. the wheel design should allow the cart roll in circles, not linear paths). Other theories of recovery track with the duty of a property owner to warn licensees such as the two customers of known latent defects (e.g. a slope in the parking lot that could cause the carts to roll if unattended).
Posted: Wed Jun 13, 2012 04:37 am Post Subject:
One theory involves accountability for failing to provide a cart that does not roll along a straight pathway
This would be great for stores that are completely round. Otherwise the person using the cart would simply be going in circles all day long. :roll:I suppose if the shopping cart arks when it rolls that it won't hit anything? what if it rolling straight means it would have avoided hitting the other vehicle but because it was designed to ark, it did? I suppose again.... the stores fault. It's not like grown people should understand that carts roll and if allowed to roll... they will. I the manufacture of the cart could be bright in as well. Of course the people who designed the parking lot. What about the city for approving the plans for the parking lot?
Other theories of recovery track with the duty of a property owner to warn licensees such as the two customers of known latent defects (e.g. a slope in the parking lot that could cause the carts to roll if unattended).
All parking lots have slopes. If they did not, you'd have huge pools of water and bigger liability issues. What do these signs state.... "shopping carts roll, beware!"?But I do see the 610 area code... home of the, "if something happens, it must automatically be someone else's fault".
(Note: the two people would be invitees's not licensee's... higher duty of care to an invitee)
Posted: Wed Jun 13, 2012 04:38 am Post Subject:
Tell him to submit a claim to the shopping center
I have to agree with Counselor Crawford. Even those signs in the parking lot or the notices on the backs of parking garage gate tickets disclaiming liability for events/damages/losses that occur on the premises generally fail to hold water in a trial. They certainly do their job by dissuading most patrons from filing claims. But those who do, usually have their claims paid quietly and quickly.
Posted: Wed Jun 13, 2012 04:38 am Post Subject:
Tell him to submit a claim to the shopping center
I have to agree with Counselor Crawford. Even those signs in the parking lot or the notices on the backs of parking garage gate tickets disclaiming liability for events/damages/losses that occur on the premises generally fail to hold water in a trial. They certainly do their job by dissuading most patrons from filing claims. But those who do, usually have their claims paid quietly and quickly.
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