Can a retailer be held responsible for damage done by there property

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Can a retailer be held responsible for damage done by there property

On October 31 I noticed over 10
Walmart shopping carts scattered
throughout a small area of my
neighborhood behind my apartment
building I notified Walmart customer
service 1800 Walmart and they said
they would fix the problem. Now on nov
29 my car was hit by one of the carts
I then called Walmart again and they
have a record that I called and that no
one came to fix the problem can I hold
Walmart liable for this for their
negligence To fix a problem that they
where aware about

Asked on December 2, 2016 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, they are not liable in this case. Even if the cars were "scattered through" a small area of your neighborhood, it was almost certainly note a store employee who moved them to the wrong area or, more importantly, who caused one to hit you car; it was rather almost certainly due to the negligence  (or deliberate wrongdoing) of someone not under the store's control, like a customer, or local teenager, etc., and the store is not liable for the actions of persons not under its control.


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