If my son parked at a grocery store and a cart blew into it and left big dent, is the store’s insurer liable?

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If my son parked at a grocery store and a cart blew into it and left big dent, is the store’s insurer liable?

It was very windy that day. While my son was in the store, one of the managers was outside and witnessed the cart, which was unsecured, blow down the hill and crash into my car. She reported to their insurance. Insurance company says they are not liable. Should they be? If not, what are my options on getting my car fixed.

Asked on January 5, 2012 under Accident Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. In order to ascertain liability for the errant shopping cart, you have to establish what the protocol is for the grocery store to secure shopper's empty carts in the parking lot after the groceries have been placed in the vehicles for transport by the buyer.

Meaning, were the carts supposed to be secured in a rack? Was an employee of the grocery store supposed to go to the parking lot every hour or so to secure loose carts? How long as the cart that struck your car in the parking lot unattended?

From that you have written, it seems that you will have a difficult time proving liability against the grocery strore. The person liable for the damages is most likely the shopper who left the cart unattended in the parking lot.


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