Can a retailer be held responsible for damage done by there property

UPDATED: Sep 30, 2022

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Can a retailer be held responsible for damage done by there property

On October 31 I noticed over 10
Walmart shopping carts scattered
throughout a small area of my
neighborhood behind my apartment
building I notified Walmart customer
service 1800 Walmart and they said
they would fix the problem. Now on nov
29 my car was hit by one of the carts
I then called Walmart again and they
have a record that I called and that no
one came to fix the problem can I hold
Walmart liable for this for their
negligence New Link Destination
fix a problem that they
where aware about

Asked on December 2, 2016 under Business Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, they are not liable in this case. Even if the cars were "scattered through" a small area of your neighborhood, it was almost certainly note a store employee who moved them to the wrong area or, more importantly, who caused one to hit you car; it was rather almost certainly due to the negligence  (or deliberate wrongdoing) of someone not under the store's control, like a customer, or local teenager, etc., and the store is not liable for the actions of persons not under its control.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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