Who is responsible for an accident involving a grocery cart hitting a parked car?

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Who is responsible for an accident involving a grocery cart hitting a parked car?

My wife’s car was in a grocery store parking lot and was hit by a (wind blown) grocery cart. Damage was to the hood of the car and a witness and security camera confirm.

Asked on May 4, 2009 under Accident Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Our sense is you are out of luck but file a claim with the grocery store and see what happens.

The shopping center owner and/or the grocery store may have been negligent by not having created a sufficient number of convenient places for patrons to leave carts, or by failing to regularly pick up carts and bring them in, especially in a storm. The last patron who let the cart go in a windstorm may be negligent in not putting it away.

Yet this happens all the time and there's a pattern the stores have. If you sue in small claims court you usually have to prove someone else was at fault and you were not. That someone else was negligent in this situation may be hard to prove. 


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