If a shopping cart rolls down an incline into my car door and does damage, is the supermarket liable for the damage it caused to my car?

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If a shopping cart rolls down an incline into my car door and does damage, is the supermarket liable for the damage it caused to my car?

Since it owns the shopping cart?

Asked on January 12, 2013 under Accident Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, the supermarket is not responsible necessarily for the damage because it was not in control of the shopping cart outside when a patron had it and was using it. You can certainly file a claim against the company and perhaps the insurance will pay a nominal amount but the likelihood is very low. See if there is video on the area where the incident occurred. Perhaps you can obtain the license plate number of the person who let the shopping cart roll down the incline and damaged your car. It would be a different story, however, if the supermarket employee had it and allowed it to roll down an incline and not actually secured it.


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