If I hit a shopping cart that was in the middle of a major road, is the grocery store liable for the damage to my car?

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If I hit a shopping cart that was in the middle of a major road, is the grocery store liable for the damage to my car?

What would I need to prove negligence on the part of the store?

Asked on March 20, 2013 under Accident Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Not really. The grocery store doesn't necessarily have liability if this was based on someone taking the shopping cart either during the shopping experience or a random person taking it for his or her own personal use. You would have to prove the store had complete control of that shopping cart and show why you couldn't have missed it or stopped to move it out of the way.


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