Can I sue a store if one of their unattended carts smashed into my car?

UPDATED: Mar 30, 2015

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Can I sue a store if one of their unattended carts smashed into my car?

It left an ugly dent in it

Asked on March 30, 2015 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Most likely not: for the store to be liable, it--the store--must have done something wrong; but if the cart was unattended and was clearly left in the parking lot, it was most likely another shopper (not the store) who left it there. While a store should periodically gather and stow the carts, they don't have to do so "in real time", but rather just get them together at reasonable intervals. To have any chance of prevailing, you'd have to prove that *this* particular cart had been unattended and basically rolling around the parking lot for an unreasonably long time, which is likely impossible to do.

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