Long story short, I hit one of those lumber carts at a DIY store. The employees hadn't been bringing them in in what looked like days. Somehow one found its way very close to my front right side. Anyway, when pulling out of the spot my right front end slammed it.
Store said it wasn't their fault and isn't doing anything.
I'm taking them to small claims for the ~$300 repair.
Anyone have experience with this? I don't even think they're going to show up. Have the repair bill, pictures, etc. already, so I think everything is set.
A case study I read required you show a history of not collecting carts and buggies. That case against a grocery chain was dismissed. At best the damages may be split, citing contributory negligence on the part of both parties. You may want to visit at the same time for about a week and take date and time stamped photos of the lot to bolster your case.
[This message has been edited by fierofool (edited 04-12-2017).]
Is it at Menards? I use to work at Menards, claims have been paid for various things, not just shopping cart related. But good luck... like any company, no one wants to pay off willingly.
Long story short, I hit one of those lumber carts at a DIY store. The employees hadn't been bringing them in in what looked like days. Somehow one found its way very close to my front right side. Anyway, when pulling out of the spot my right front end slammed it.
Store said it wasn't their fault and isn't doing anything.
I'm taking them to small claims for the ~$300 repair.
Anyone have experience with this? I don't even think they're going to show up. Have the repair bill, pictures, etc. already, so I think everything is set.
Long story short.. you moving vehicle, you hit it.. it didn't hit you. How you think it is their fault.. is telling.. good luck, hopefully the judge laughs you out of court.. What next, the light pole was in the lot, it's their fault I hit it..
Think some of you guys are missing the point. I had backed in, the cart was in front of my truck, and was low, there was no way to see it unless I had walked up from the front. This means the cart was actually in the flow of traffic in the parking lot.
The parking lot was littered with carts, as if no one had been out in a couple days to pick them up.
A case study I read required you show a history of not collecting carts and buggies. That case against a grocery chain was dismissed. At best the damages may be split, citing contributory negligence on the part of both parties. You may want to visit at the same time for about a week and take date and time stamped photos of the lot to bolster your case.
Thanks, I will do this. It isn't going to be hard at this location. There are often 30-40 carts IN the parking lot. Not the corral, or front, but in parking spaces and in the "driving" part of the lots.
I don't know about your part of the world, but where I live there are signs posted all over the lots that the retailers are not responsible for damage to vehicles by shopping carts.
I don't know about your part of the world, but where I live there are signs posted all over the lots that the retailers are not responsible for damage to vehicles by shopping carts.
Signs that release liability don't hold up in court. They'll get the manager through the "see, look at the sign, nothing we can do" when dealing with the customer.
In my state there is a law that states that companies must keep a safe environment for their customers. Leaving 100+ pound carts in front of peoples' vehicles is not safe. Imagine if someone ran into one and it then flew into a person.
Carts belong in the corral or inside the store. There's no excuse for having 30+ carts in different parts of the parking lot. That is negligence in its purest form.
And I'm a conservative. Had I hit the cart corral, or a curb, or the building, then sure, I'd totally take responsibility. I hit something that was not visible, and was there due to store negligence.
Signs that release liability don't hold up in court. They'll get the manager through the "see, look at the sign, nothing we can do" when dealing with the customer.
In my state there is a law that states that companies must keep a safe environment for their customers. Leaving 100+ pound carts in front of peoples' vehicles is not safe. Imagine if someone ran into one and it then flew into a person.
Carts belong in the corral or inside the store. There's no excuse for having 30+ carts in different parts of the parking lot. That is negligence in its purest form.
And I'm a conservative. Had I hit the cart corral, or a curb, or the building, then sure, I'd totally take responsibility. I hit something that was not visible, and was there due to store negligence.
You hitting anything with your vehicle is due to your own negligence. Also admitting that you knew carts were everywhere then dumb enough to admit you ran into one...classic. People like you chap my ass. Cause your own problem then try to blame someone else that in turn will cost others money due to frivolous lawsuits that will result in higher prices. Thanks a$$hole! I hope it cost you more to fight this than the 300 bucks it would take to fix you moment of stupidity.
You hitting anything with your vehicle is due to your own negligence. Also admitting that you knew carts were everywhere then dumb enough to admit you ran into one...classic. People like you chap my ass. Cause your own problem then try to blame someone else that in turn will cost others money due to frivolous lawsuits that will result in higher prices. Thanks a$$hole! I hope it cost you more to fight this than the 300 bucks it would take to fix you moment of stupidity.
Wow, I don't remember this hostility back when I was on these forums years ago.
"hitting anything with your vehicle is due to your own negligence"
There are plenty of examples where this is not true.
And here's a little free market for you: Don't shop at places that have to increase their prices because they're negligent. This isn't going to increase the prices of their competitors.
[This message has been edited by Spektrum-87GT (edited 04-12-2017).]
Wow, I don't remember this hostility back when I was on these forums years ago.
"hitting anything with your vehicle is due to your own negligence"
There are plenty of examples where this is not true.
And here's a little free market for you: Don't shop at places that have to increase their prices because they're negligent. This isn't going to increase the prices of their competitors.
Maybe don't run into thing that aren't visable and help us all out. I'd be ashamed to call myself a conservative then not take responsibility for my own actions. Pathetic.
Signs that release liability don't hold up in court. .................
Under the Uniform Commercial Code, you are correct. Georgia Pacific cited a limited liability clause in their siding warranty. I assisted over 70 homeowners in small claims court and won full requested judgement in all but 1 case. And I'm not a lawyer.
I think it would be a hard sell to a judge or jury, and for $300 you're already out, add court and filing costs if you lose. I realize $300 is $300 bucks, but I would be inclined to write it off as another lesson of life..like I did when my darling wife hit a shopping cart in walmart parking lot and busted the left headlight assy on my Silverado. To this day, I have not figured out how a shopping cart did that damage..the truck headlight sits up higher than any shopping cart......but, her story and she stuck with it. Over $100 lesson learned.
Signs that release liability don't hold up in court. They'll get the manager through the "see, look at the sign, nothing we can do" when dealing with the customer.
In my state there is a law that states that companies must keep a safe environment for their customers. Leaving 100+ pound carts in front of peoples' vehicles is not safe. Imagine if someone ran into one and it then flew into a person.
Carts belong in the corral or inside the store. There's no excuse for having 30+ carts in different parts of the parking lot. That is negligence in its purest form.
And I'm a conservative. Had I hit the cart corral, or a curb, or the building, then sure, I'd totally take responsibility. I hit something that was not visible, and was there due to store negligence.
Interested to see how this comes out. Don't see you winning but, interested to learn what the court says.
------------------ Ron
Isn't it strange that after a bombing, everyone blames the bomber, his upbringing, his environment, his culture, his mental state but … after a shooting, the problem is the gun....
Open your frigg'n minds, think about all the other tools that can be made into WMDs.
If you wish to upset a Conservative, lie to him. If you wish to upset a Liberal, tell him the truth.
I do know of one case personally, of someone getting money for damage from their cart. Others are usually NOT paid. For years Ive made it a habit of walking around my vehicle before getting in to move it. $300 for damage is cheap...Im repairing a vehicle now (Explorer) that hit a cart RACK in the parking lot. Customer is paying. Repair is almost $2000....bumper cover, headlite and fender plus core support repair...from pulling OUT of the parking space.
Think some of you guys are missing the point. I had backed in, the cart was in front of my truck, and was low, there was no way to see it unless I had walked up from the front. This means the cart was actually in the flow of traffic in the parking lot.
The parking lot was littered with carts, as if no one had been out in a couple days to pick them up.
Take this for what ever way you like.. But it is **** like this that we have warning labels for even the dumbest **** .. No we are not missing the point.. Cart was low.. your in a lot, that will have carts in it.. It is YOUR JOB to look around your vehicle.. YOU ARE AT FAULT, just like if it was a child you hit that was "low/short" Do you have ANY common sense.. Parking lot, customers bring out goods on cart.. oh. look there is a ton in the lot.. maybe I should make sure none are around my vehicle before I try to move..
Signs that release liability don't hold up in court. They'll get the manager through the "see, look at the sign, nothing we can do" when dealing with the customer.
In my state there is a law that states that companies must keep a safe environment for their customers. Leaving 100+ pound carts in front of peoples' vehicles is not safe. Imagine if someone ran into one and it then flew into a person.
Carts belong in the corral or inside the store. There's no excuse for having 30+ carts in different parts of the parking lot. That is negligence in its purest form.
And I'm a conservative. Had I hit the cart corral, or a curb, or the building, then sure, I'd totally take responsibility. I hit something that was not visible, and was there due to store negligence.
Another azzhole speaks. Show some ****ing tact. Quit being a gawd damned dick. You continue to show that you are Pennocks Town Idiot. Go take a masturbation break.
Wow, I don't remember this hostility back when I was on these forums years ago.
"hitting anything with your vehicle is due to your own negligence"
There are plenty of examples where this is not true.
And here's a little free market for you: Don't shop at places that have to increase their prices because they're negligent. This isn't going to increase the prices of their competitors.
Wow.. You know what.. I hope you go to court.. And the judge hears your case. then turns to you and states.." as seen as you can't be bothered to look around your vehicle.. and that cart could've been a child.." I will be writing a letter to the RMV.. to have your lic to drive revoked.." You are the one driving a big vehicle.. it's your job to know your surrounding.. What a phuckstick Good day..
I think it would be a hard sell to a judge or jury, and for $300 you're already out, add court and filing costs if you lose.
Many states automatically allow you to recover filing expenses if you win your case, or even attorney's fees if you're the defendant and win. I've used smalls claims courts in both Georgia and North Carolina and my filing fees were added to the recovery.
It would be ironic if the store decided to counter-sue for the damage to their cart. After all, you ran into it.
I understand that having shopping carts strewn across the parking lot can be annoying. But I don't think that blithely running into one, then suing for damages "to teach them a lesson", is the right way to address that problem.
Another azzhole speaks. Show some ****ing tact. Quit being a gawd damned dick. You continue to show that you are Pennocks Town Idiot. Go take a masturbation break.
But surely you don't think the store is at fault for him running into a cart that was more than likely left there by a lazy customer literally seconds before he decided to take it out. Should the store check camera footage to see who left it there and go after them? Should he go after them? The person that left it there should be more at fault than the store. Any other ways to take the blame from the person that actually ran into the cart?
The problem with your claim is that you are going to have to prove negligence. This means you're going to have to prove that the retailer had a responsibility to protect your vehicle from shopping carts, AND NEGLECTED TO DO SO.
The store is going to argue that they filled that responsibility by installing cart corrals/ They cannot control whether customers use cart corrals or not. You aren't forced to use their lot, it's a priveledge provided by the store.
I say go ahead and sue them. You aren't going to win. But you're clearly stubborn enough that you need to learn an expensive life lesson.
Best of luck
[This message has been edited by WBailey1041 (edited 04-13-2017).]
When we lived in Worcester, Ma., there was a store we shopped at that effectively addressed the problem of rogue shopping carts. They had a drive lane in front of the store for loading your purchases. There were metal posts set up along the entire door access area that were positioned closely enough that carts couldn't get through, so all carts stayed within store confines. This probably came about due to vehicle damage, or maybe even cart theft.
Even though there may be cart corals, customers can't be expected to use them. I've had persons leave their cart against the side of my truck while I was sitting in it and it running. I saw a woman at a Big Star grocery store load her purchases, then shove the cart out into the travel lane. It went downhill, slamming into the front fender of a car hard enough to bend the fender in past the outside edge of the wheel. A witness note with my name and phone number and the offender's description and tag number was left on the windshield. I never heard from them. Maybe they went after Big Star.
Is it really worth your time to file a suite, attend court, and they try to collect for $300?
Even if you win getting the collection judgement from the store may still take significant work. To me it wouldn't be worth the time/trouble unless it were an idiological issue where someone intentionally wronged me. It this case the events don't sound as if the store wronged you but "the real world just happened"
Yes, nearly all the time you will not recover anything. In fact it costs you more in the end in court costs, and an attorney if you have one. You need to sue whoever left the cart in your way really. See how far you get getting the police to review security cam tapes to catch the culprit
Next people will be sueing the weatherman because he didnt predict the snow that caused them to slide off the road and wreck, lol.
I started to not comment on this, but I can't let it go. I had a "runaway" cart to roll downhill and dent my truck, a few years back. I thought about filing against the store's insurance, but I let it go. Still chapped about it. OTOH, had I run into a cart that was just sitting? That would be on me. All the difference in the world.
I work for a company (power company) that is big on safety, and taking personal responsibility for that safety. (Having worked for a different company that was not so conscientious, I am very thankful for that attitude.) To the point... One of our first driving safety rules is to walk around your vehicle before you get in it. Make sure nothing is in your way. If you don't do that, and hit something, it's your fault. Suck it up. I think they're going to laugh you out of the room. Personally, I think you're just embarrassed, and looking for someone to blame. Sorry. (I could be a lot more impolite, but I'll spare you.)
A few years ago, we climbed into our Jeep, and pulled forward out of the parking space, instead of backing out, since there was no car in front of us. Too bad there was a shopping cart there. All we could say was, "Doh!" Wouldn't even think of blaming the store. We still laugh about it.
Originally posted by fierofool: This probably came about due to vehicle damage, or maybe even cart theft.
Most are anti theft and anti vandal reasons... Some are reduce labor reasons. Why? 1. standard cart base price start at $200 to $500 and go up fast. Store paying $1000 per cart is easy. And that's ignoring whatever the cart is carrying. 2. Eats Many Labor Hours at most stores to get them from P lot to the store.
"Fences" like you seen and Other method I've seen over the years... Poles on carts to block carts going thru doors. Chain that lock carts together. You "deposit" a cart by pushing a quarter in the slot to release the chain then push chain in the get the quarter back. Wheel(s) that lockup and/or buzzer sounds when you push over a wire burring in ground. (Like hidden pet fence.) Examples: CartControl by Gatekeeper Aldi Shopping Cart Deposit Return YT video but I seen this 25+ years ago at other stores.
------------------ Dr. Ian Malcolm: Yeah, but your scientists were so preoccupied with whether or not they could, they didn't stop to think if they should. (Jurassic Park)
There's an Aldi's on the corner near the City Public Housing complex near where I live. The project has Aldi's carts scattered throughout. I guess it's worth a quarter to have something to transport your groceries back home with.
There's an Aldi's on the corner near the City Public Housing complex near where I live. The project has Aldi's carts scattered throughout. I guess it's worth a quarter to have something to transport your groceries back home with.
Wonder if it wasn't their own hard earned quarter to begin with.
