Legal Question in Civil Rights Law in California

My girlfriend works at a grocery store and her car was hit by a rolling cart, that a customer had been using. Another customer witnessed it and got the make and license number of the car before the driver left, were not sure if the lady who left realized what happened. My girlfriends boss gave her the number to the companies insurance but told her because she worked at the store that the company would not pay for the damages. He said if she had been a customer they would. What can she do about this. Can her company legally do this. Any advice would be greatly appreciated. Thanks alot.


Asked on 1/11/10, 10:32 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Your girlfriend could report the incident to her own auto insurance carrier, and let them sort it out. Definitely, the customer would be liable for what happened, for not securing the shopping cart. Your girlfriend can send a certified, return receipt letter (keep a copy) to the customer advising of the incident, and demanding the cost of repair. Enclose a copy of the repair ticket and photos. If she doesn't get satisfaction, then she could sue the customer in small claims court. I think your girlfriend would have a hard time holding her employer accountable for the damage, although it was on their premises. As long as they provided a place to return the carts and make regular collection efforts, they might be determined to be doing what they need to do to secure them and avoid liability.

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Answered on 1/17/10, 11:09 am


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