Do I have any recourse with Kroger??

[ChrizJen]

If the cart hit the car in their parking lot, they are not liable for any damage due to the disclaimer.

If the cart goes onto a public street due to non collection, then it is the company's responsibility to pony up for damages. It is their fault that the cart was not secured in their lot and left the premises.

I managed a large department store that set on top of a hill, carts rolling down the hill and into the street were an ongoing problem. We had to collect carts every hour on the hour, and have someone posted outside under an awning if a storm hit. Kroger should have done the same.

That exact reason is why Aldi has the quarter rental fee.

My thoughts exactly.

 

[jrmasm]

I do not consider a rolling cart (it has wheels after all) an act of God. Now if the wind had picked up the roof of the store and then dropped it on the car that would have been an act of God.

 

[mumom95]

I have a question about the whole disclaimer part.

If I put a sign on my car that says "Car and driver not responsible for any damage done by vehicle" does that mean if I'm in an accident that is my fault, I don't have to pay?

If I put a sign on my fence that says "Not responsible for injury done by dog" does that mean if my dog bits someone, we are not responsible?

If my neighbor puts a sign on her trampoline that says "not responsible for injuries" does that mean if someone gets hurt on her trampoline they are not responsible.

I never realized that having a sign claiming no liability really held up in court.

 

[arminnie]

I have absolutely no clue whether they are liable or not, but here's my personal experience.

I was in Dallas. I parked my car and opened my car door - just about an inch - I just unlatched it. I reached over to pickup my briefcase and purse out of the passenger side.

A huge gust of wind grabbed my car door and flung it very, very hard into the car next to me causing a dent. Being an honest person I left a note on the car as to what had happened.

There was an issue about whether this was wind damage or collison. l do this day do not know how it was ruled as I left that totally to my insurance company - I did not need to be in the middle of it. I found that to be a great strategy.

I've never had my rates go up because of comprehensive damage.

 

[undertheradar]

First of all, this grocery store was not negligent in any way, shape or form. They are not responsible for wind pushing their carts around. They provide places to put the carts when you are done and they can't and don't have control over customers that are too lazy to put them away. To be held liable they first have to prove negligence and it just isn't going to happen in this case.

For the example of the sign, if that did happen and they could prove that Kroger's KNEW the sign was in danger of falling-say the supports were rusted and they didn't do anything about it, then they could be held liable. If it was pushed over due to strong winds then no, they aren't liable. It wouldn't be any different then your neighbor's tree falling on your house during a storm, they aren't liable for the damage to your house. If they set your house on fire shooting off fireworks, yes, they are liable.

This would also be a comprehensive claim, not a collision claim, thus it can't raise your rates. File a claim with your insurance company depending on what your deductible and coverage is. If you don't have comp coverage on the car you are pretty much out of luck.

So, did Kroger provide an electronic cart containment system? These are being required in more and more places. If Kroger has one of these at the store in question, fine. If there is not a cart containment system(cart corrals do not count) in place at this location, then Kroger has failed to take all of the steps neccessary to relieve itself of liability. Sorry, but Kroger owns the cart that was in the public street.

 

[JesusHusseinChrist]

I am thinking you will have to appeal to a higher authority.

 

[missj1975]

I think you should just let your insurance company handle the situation and see who is at fault. I am pretty sure a flying object would fall under comprehensive. Your insurance rates won't go up from a comprehesive claim.

I do think Kroger holds some responsiblity since the accident happened on a public street and not in the private parking lot.

Honestly though you shouldn't get so stressed over the situation. Let your insurance handle it. That is what you pay them for.

 

[Octoberbride03]

Every Kroger has a disclaimer on the cart corrals that they are not responsible for damage caused by shopping carts. Sorry that had to happen though.

EVERY grocery store I've ever shopped has the same disclaimer. Its unfortunate, but go through your own insurance company and cut your losses. If your insurance company feels it can get reimbursed from Kroger then let them handle it. Thats why you pay them.

 

[Octoberbride03]

So, did Kroger provide an electronic cart containment system? These are being required in more and more place.

What is this This is the first I've heard of it, and I have never seen 1.

 

[undertheradar]

What is this This is the first I've heard of it, and I have never seen 1.

There are systems in use that the wheels on the cart stop rolling when they are taken too far. This is used to stop shopping cart thefts and keeps the carts within the lot.

 

[Sleepy]

The system used here solves the cart problem. Same system as in airports where you pay to use the luggage carts. When you return the cart, just throw the lock back into the cart in front of it and you get your money back. Very rarely is a person willing to lose a dollar by being lazy. I never see a cart loose in the parking lot.

Side note. I hate the shopping carts here. They are 4 wheel drive. Almost impossible to steer around a corner without looking like you are in a car doing donuts in a snowy parking lot.

 

[Eeyores Butterfly]

I can see a potential issue with the actions of your daughter, depending on what she told the police. You admit that she sepcifically decided not to brake because she was afraid of being rear-ended. This means that she chose to hit the cart. If she told that to the police, there is the question of how that will change liability.

I would use this as an opportunity to talk to your daughter about defensive driving skills. How long was the man tailgating her? Did she do anything to remedy it? If somebody tailgates me I tap my brakes to flash the lights at them and slow down just a bit. This is the most recommended procedure, and it works for me 9 times out of 10. For those times when that is not enough I do it again and gradually drop my speed. Typically one of two things will happen: They will drop back, or if it is a two lane road they will pass me. While your daughter cannot contorl others actions there were some things she could have done.

The other tip I read in an article recently is being aware of your surroundings and always leaving yourself options for maneuvering should something like this happen. I realize that is harder to do in city traffic where there is lots of congestion and cars are close together, but what if this had been a person or another vehicle? This could easily have turned out much worse than it did, thankfully your daughter is safe.

I do find it sad that stores have to resort to people putting deposit on carts. What if I don't have money with me when I go into a store? I shouldn't have to bring my cart all the way back from the parking lot just because people are too lazy to put carts away in a cart return. I'm one of those people who have been known to bring back carts from the parking lot that are not where they belong. I think my record is four at once. (I feel for the people who have to bring the carts in, it's not as easy as it looks!)

 

[undercovermom]

I have a question about the whole disclaimer part.

If I put a sign on my car that says "Car and driver not responsible for any damage done by vehicle" does that mean if I'm in an accident that is my fault, I don't have to pay?

If I put a sign on my fence that says "Not responsible for injury done by dog" does that mean if my dog bits someone, we are not responsible?

If my neighbor puts a sign on her trampoline that says "not responsible for injuries" does that mean if someone gets hurt on her trampoline they are not responsible.

I never realized that having a sign claiming no liability really held up in court.

you've posed some interesting hypotheticals.

in the shopping cart situation, you're entering Kroger's property and using their equipment. the disclaimer seeks to shift the risk of using the shopping cart to the person using the cart, not the owner of the cart. the sign might as well say "use at your own risk".

similarly, in the dog bite and trampoline cases, yo're warning someone who is coming onto your property about a potential danger on the property.

in the shopping cart situation and the trampoline situation, you're trying to shift responsibilty to the person using the equipment, rather than the owner of the equipment. in the dog situation, you're warning potential trespassers of a dangerous situation on your property. in each of those cases you're trying to shift some or all of the of the responsibility for the accident or injury to the other party, the person actively using the equipment or the person who ignores the warning and enters your yard. those warnings/disclaimers may not necessarily absolve you of liaiblity but may have some weight in detemrining your share of liability.

the car situation is different -- even forgetting about compulsory insurance laws, you're driving on the public roads....no one else assumed the risk of your driving, you are responsible for what you do.