"Theoretical" insurance question ... any ex lawyers or insurance people here?

**Young** · 06-23-2006, 04:01 PM

i don't thinks so. Since they don't own teh shopping carts and there aren't really any set of rules or standards that a reasonable person would follow in properly putting back shopping carts.

**HizAzPhun** · 06-23-2006, 04:07 PM

Thanks Young, any more input?!

Thanks again.

**$5 submissions** · 06-23-2006, 04:08 PM

It depends on WHEN you placed the cart there. If the person backing out did not have a CHANCE to see the cart since you placed it IMMEDIATELY before they backed out, then you are probably negligent. If you left the cart there for a long time and they STILL backed out on to it even though they had AMPLE OPPORTUNITY to know of the risk, then it's their fault. However, since you were both negligent, in the latter case it might be a case of contributory negligence and you might pay a % of damages.

Disclaimer: This is not meant as legal advise. Consult a local attorney.

**Paul Waters** · 06-23-2006, 04:08 PM

Originally posted by HizAzPhun

So here's the scenario, you're at a store, you leave your shopping cart next to your car, and the person in the next parking spot hits it while backing out. Does the person who left the cart there have any legal liability for the damage to the car that got damaged?

Thanks for input!

You left the shopping cart *between* two parked cars?

Was this a handicapped spot?

A reasonable person would know that shopping carts are left all around the parking lot and would check the perimeter of their car before putting it in motion.

**HizAzPhun** · 06-23-2006, 04:11 PM

Thanks guys! That seems like the logical answer indeed ...

**baddog** · 06-23-2006, 04:11 PM

no liability . . . well, not enough that a lawyer would get involved anyway

**HizAzPhun** · 06-23-2006, 04:18 PM

last call for input thanks everybody

**woj** · 06-23-2006, 04:23 PM

Originally posted by $5 submissions

It depends on WHEN you placed the cart there. If the person backing out did not have a CHANCE to see the cart since you placed it IMMEDIATELY before they backed out, then you are probably negligent. If you left the cart there for a long time and they STILL backed out on to it even though they had AMPLE OPPORTUNITY to know of the risk, then it's their fault. However, since you were both negligent, in the latter case it might be a case of contributory negligence and you might pay a % of damages.

Disclaimer: This is not meant as legal advise. Consult a local attorney.

"Theoretical" insurance question ... any ex lawyers or insurance people here?

"Theoretical" insurance question ... any ex lawyers or insurance people here?

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