If my car was hit by a shopping cart and there is a big dent on my car, what legal action can I take?

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If my car was hit by a shopping cart and there is a big dent on my car, what legal action can I take?

Asked on June 11, 2015 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There might not be anything you can do.

1) First, the store would not be liable or responsible unless it was a store employee (e.g. the guy collecting the carts) who hit your car and damaged it. The store does not "insure" its patrons cars, and is only liable for damage if it, or its employees, are at fault.

2) If it was another shopper who had the cart, he or she would only be liable again if at fault--so if she or he was negligent, or unreasonably careless in some way (like sending it rolling across the lot withoiut looking; not securing it if there was a high wind as or right after they unloaded it, so the wind took it into your car; etc.). If they did nothing wrong and this truly was an accident without it being anyone's fault, there would be no liability.

3) And, of course, even if another shopper was at fault and responsible, you'd have to know who it was and where they live to be able to sue them.


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