Legal Question in Civil Litigation in New Jersey
Shopping cart damage
My new car (Infinity) recieved a great deal of damage to the door when a shopping cart slammed into it due to wind. A postal worker from next door waited until I came out to tell me what he witnessed. The store sent a form to headquaters. They sent me a letter back saying they are not responsible.
No sign is posted and carts are left all over the place. Doesn't the person operating the parking lot, (in this case Drug Fair) have a responsibility to take certain steps,to try and minimize the chances of damage occuring?. Is there some law that is on my side. I dont want to go through my insurance and I have a $500 deductable, the damage is going to be at least that to repair.
2 Answers from Attorneys
Re: Shopping cart damage
You have a valid claim against the owner of the store supplying the carts (that is not a guarantee you will win, but you do have a valid claim). Get three estimates for the repairs, if you can, get it fixed, and then file your lawsuit. It will be difficult to do this on your own, but you will need to consider carefully whether you want to pay an attorney to assist.
If you would like, give me a call to set up an appointment; I am in northern New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: Shopping cart damage
The owner of the shopping cart is responsible for its use at least as far a this damage is concerned. The fact that you have a witness is important. Preserve the evidence by getting a written statement from the witness. Have the damage repaired. The cost to repair will tell us whether your case belongs in Small Claims court or in Special Civil Part.
If you need help, my contact information is below.
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