Legal Question in Personal Injury in Georgia
shopping cart damage to automobile
How do I win in small claims court to win damages from a shopping cart in a grocery store? A very heavy shopping cart rolled down a steep slope in a grocery store parking lot and hit my car which was parked in front of the store while I was loading groceries. The grocery store claims they are not responsible for damage from a third party. What evidence and arguements are successful in winning damages from a grocery store from shopping cart collisions?
2 Answers from Attorneys
Re: shopping cart damage to automobile
As a general rule, stores are not held liable for shopping cart damage (your own collision coverage, if you carry it, may cover the damage). If the lot or store has signs disclaiming damage and regularly checks the lot, your case is even harder.
You could sue the store, but to win you'd probably have to prove the store knew the cart was where it was and left it there. You could sue the person who left the cart there or let it roll if you could identify them.
Re: shopping cart damage to automobile
Too add to the prior response, where you were parked may also be important. You said you were parked in front of the store. Were you in a marked loading zone? Many stores now have posted "no parking" right up front. If so, that is yet another defense for the store. Tough case all the way around.
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