How much damage can a shopping cart do to a vehicle?

[Michy0954]

I was recently hit in a parking lot after parking next to the cart return. I was parked far enough away that the cart boy had plenty of room to take a row of carts through but there was no way a vehicle could get through. When I came out there was considerable damage to the back side panel of my van and the dents and scratches and paint colour all line up and match perfectly with the shopping carts. Everyone's first reaction (including the police) was it had to be a vehicle since carts couldn't do that much damage. Once they saw the way things lines up they agreed it definitely looked like a cart but still feel like it couldn't have hit that hard. I know it couldn't have been one cart that could do that much damage and it had to have been a row that was being returned and rammed into my van. I'm also convinced it happened at that store and the way I was parked a vehicle couldn't possibly have hit me without touching my back bumper first. Only the side was affected. I took a few pictures to document but it's hard to tell in the pictures how the dents line up. The insurance company is only looking at my few pictures and have made a report saying there is too much damage for the carts and that it had to be a vehicle. Now the store (who had already agreed to pay my deductible) is not going to and I'm furious. Sorry for the long story but I'd really like to know if you think carts could do considerable damage to a side panel of a minivan? Thanks!

 

[StevieTNZ]

Perhaps you can post some pics so we can see what the actual damage is, rather than imagine it from what you've written.

I know in NZ there are signs I've seen where it states you park your car in a car-park (store's or otherwise) at the owner's risk, and the store etc. is not responsible for any damage that may occur.

 

[zoobyshoe]

I've often seen store employees pushing long trains of shopping carts. A train like that would obviously do more damage than a single cart.

Then another scenario occurred to me, which is that a moving automobile can hit a cart, or a train of carts, and push it into a parked vehicle, then flee the scene. That would cause as much damage as if the moving vehicle had directly hit the parked one. It would also leave marks that matched a cart.

 

[Evo]

Michy, does the store have video of the parking lot, I am sure they must, but they probably have erased it by now, or would do so if you asked for it, but no harm in asking them.

 

[StevieTNZ]

None of those types of notices have any legitimacy in western law. A person or company can't absolve itself of responsibilities by posting signs at the same time as encouraging access or participation. They only have any legal weight when there are clear No Trespassing signs, etc.

It could vary from country to country. I highly doubt by posting them they are of no legal effect. What then is the point of putting them up?

 

[Evo]

None of those types of notices have any legitimacy in western law. A person or company can't absolve itself of responsibilities by posting signs at the same time as encouraging access or participation. They only have any legal weight when there are clear No Trespassing signs, etc.

Please post the sources of your information.

stores wouldn't be held liable for damage caused by shopping carts, unless you can prove they or their employees were negligent.

http://blogs.findlaw.com/injured/2015/03/shopping-cart-dents-dings-is-the-store-liable.html

 

[StevieTNZ]

Also, it may have been another customer that 'rammed' a cart into your vehicle. Would the store be responsible for that damage?

 

[Evo]

Also, it may have been another customer that 'rammed' a cart into your vehicle. Would the store be responsible for that damage?

No, they have those posts up that they are not liable for a reason.

@tom aaron We are still waiting for your sources. Since you have been online and not responded to 2 requests for sources, your post has been deleted.

 

[Greg Bernhardt]

About ten years ago I had a whole chain of shopping carts hit my car. Dented the door. Shop wanted like $1200 to fix.

 

[Evo]

About ten years ago I had a whole chain of shopping carts hit my car. Dented the door. Shop wanted like $1200 to fix.

I try to avoid those cart stalls. Luckily they have installed those plastic bumpers on the carts so accidental individual carts accidentally hitting don't do too much harm, but I've gotten cart dings before. But if you get a large cart train hitting you, it can do some real damage. They need to place more space between the stalls and cars, and put up barriers to prevent fools from trying to fit their car in.