Legal Question in Civil Litigation in New York
shopping cart
i was parked in a parking lot of a shopping mall.A gust of wind sent a shopping cart into my car... The side view mirrow was hit and broke. ther were several carts that were sent in different areas . Is the store who owns the cart responsible for the damage to my car.
2 Answers from Attorneys
Re: shopping cart
Generally not. It would be considered an act of God.
The store could be responsible if they regularly left the carts loose, and when the storm came on after a reasonable period of time, did not retrieve and store them.
Re: shopping cart
If they knew or should have readily anticipated the harm. How long was the cart there? Did they have someone employed to retrieve carts? Did they have reasonable opportunity to retrieve the cart prior to the damage?
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