Legal Question in Personal Injury in Georgia
Parking lot damage to parked automobile
While parked in the parking lot in front of a grocery store, my vehicle was hit by a grocery store shopping cart sustaining more than $900 damage. The store claims it isn't liable. The insurance company calls it a collision rather than comprehensive claim (therefore much higher deductible). A witness saw the cart roll a significant distance and hit the vehicle. Who is liable for the damage?
1 Answer from Attorneys
Re: Parking lot damage to parked automobile
In order to hold the store liable, you are probably going to have to prove that a store employee had something to do with the cart being set in motion. "[The plaintiff] turned around and saw a shopping cart coming down the ramp towards her. The shopping cart hit Brogdon and knocked her down. Brogdon said that it was very windy on the day in question, and a strong gust of wind must have set the cart in motion. A Wal-Mart employee stationed near the exit said she watched Mrs. Brogdon leave the store and confirmed that a gust of wind sent a Publix shopping cart rolling toward Mrs. Brogdon."
496 S.E.2d 499 230 Ga.App. 474 Brogdon v. Wal-Mart Stores, Inc. (1998)
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