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.


Asked on 2/12/05, 1:12 pm

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

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.

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Answered on 2/12/05, 2:02 pm
Stephen Loeb Law Office of Stephen R. Loeb

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?

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 2/14/05, 8:28 am


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