My car was damaged in the parking lot of a supermarket by a shopping cart. Is the supermarket liable.

The supermarkets insurance investigator states that the stores policy is that if the cart was left unattended by a customer, not placed in a cart corral, and it impacted my car, the store is not liable. Is that within the law? If not, are there any legal avenues to pursue to get my claim settled? Two of the stores employees witnessed the incident and stated a customer left the cart on the pavement connected to the main building, it rolled off the pavement, crossed the parking lot and struck my car.

Asked on March 6, 2017 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The store would not be liable if it was a customer who left the cart in a position where it could damage your car. A business or property owner/renter is not liable for damage simply because it occured on their premises or involved some item of their property. Rather, they are only liable if they were at fault in some way. But if it was another person not employed by or under their control, like a customer, who left the cart in a dangerous or improper location, that is not the stores fault and they are not liable.


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