Do I have any recourse with Kroger??

[bettyann29]

Please hang in there.. this will probably be long...

DD16 was driving home from a friends last Wednesday evening.. it was raining lightly and windy.. she was driving down the street on the inside lane.. to the right there is a Kroger store (large parking lot- which doesnt matter, but just explaining)..

anyhow.. she is driving down the street and out of the corner of her eye she sees a shopping cart flying at her. she didnt slam on the brakes as there was a car behind her and she was afraid they would hit her.. so the buggy hit the front passenger side by the front light.. almost knocking it out (it is hanging).. it scraped all the way down the passenger side of the car.. it hung on the back bumper and pulled it out some from the car.

She went up to the store and told the manager on duty.. she called me and DH.. while we were on our way up there, the manager apparently had her and her friend fill out an accident form explaining what happened. she came out and took pictures of the car.. had an employee get the buggy out of the street.. in the mean time we get there, make sure DD is alright.. she explains what happened.. the manager said that everything would be taken care of.. she gives us the name of the main manager of the store as she was the night manager and said for us to call him the next day..

Thursday I called him. He gave me the # of the claims .. I called that #.. was told by the lady who answered that the case hadnt been assigned yet but she gave me the claim#.. she gave me another phone# to call and said maybe someone there could direct me to who might be handling this. I called that # and left a detailed message as it went to voice mail. I advised my DD is a minor and that all contact needed to be done thru me. I left the claim # , my name and phone#.

Friday.. DD called me and said that she recvd a call on her cell phone (she must have put that # on the form she filled out) and the man told her that they were not going to pay for the damages because they are not responsible for weather related accidents.. he told her to file it on our insurance and said that he was sending a letter advising of this info. she hung up and called me to tell me. I called the last # I had called and gave the claim# and was transferred to the person who called my DD.. I explained to him that first of all I was upset that they would call her. I called the day before and left my info as she is a minor. He said that there was no info given to him to tell him that (come to find out he had the form in front of him and it was on there- he just didnt bother to verify it I assume).. after going back and forth about that issue.. I then asked him why this is not being taken care of by Kroger. He said that it is Krogers policy to not pay for weather related accidents caused by the shopping carts. I advised him that I could understand if this had happened in their parking lot, but that was not the case.. she was driving down the road when the buggy hit her.. she didnt hit it like it was sitting out in the road or anything.. it literally flew out and ran into her causing this damage.. He then became very rude with me and started yelling at me.. I then asked for the phone# to the corporate office at Kroger.. he said that he did not have it.. and continued to yell at me.. I ended hanging up on him.. I then called the actual store that the incident happened at and the manager on duty happened to be the same one that was there the night that this happened. I explained briefly what had transpired and advised I wanted a phone# to corporate.. she mentioned that she had talked to the person I just hung up on a bit ago and nothing was mentioned to her about what he said.. so she was shocked.. she said that she didnt have the phone# to corporate (amazing to me that none of these people have this phone# as though its a mysterious # that doesnt exist ).. she said that she did have the main # to the claims.. which was different than the # I had earlier called and said that lady would know exactly who I need to talk to.. SOOOOOO.. I called that #.. left message on voice mail.. 2 hours later hadnt heard back so I called again and got the lady.. went thru the whole ordeal again to explain and she continually appologized about the man I had talked to that I ended up hanging up on.. again said that she cant believe they wont cover this.. she said that she handles the accidents for employees and the gentleman who sits next to her is the manager over all other accidents and thats who I need to talk to.. she said that she would shoot him an email so he can look into this and call me back.. she got my name and # and info.. she gave me his name and direct phone# but said he was on vacation until Monday..

Fast forward to today.. I got a phone call at work from the man who I hung up on on Friday.. He said that he was calling to let me know that he had talked to the manager of the store and that it also said that Kroger will not be held liable as it is their policy to not pay any claims related to the weather.. since it was the wind that caused the buggy to hit her that they would not cover it.. he again told me that he would send a letter advising that we need to file this on our insurance..

in the meantime I called DD and asked if this man called her today because I didnt know how he had my work phone# as I had previously left my cell phone#.. she said that he did call her # and ask for me and she gave him my #.. she said that he didnt discuss anything with her.. that was all he said to her..

I have since left a message with the claims manager and waiting to hear from him..

Does anyone have any advice?? I am at my witts end with this.. I could understand if she was in the parking lot and this happened as I have seen signs in the parking lots before about not being responsible for this which I understand that is their property.. but when their property comes out onto the road and hits you, how is it that they arent responsible??

Do I have any recourse on this?? I just wondered what anyone else thinks.. I feel like they are trying to make me back down and I dont feel this is right.. Im sure she has at least $1000 damage to her car.. If I file this on my insurance then my rates will go up.. which isnt fair.. the way I see it is if DD was driving down the road and was in that same accident and was killed I would think they would be found responsible.. again this is just my thoughts.. so why is it that they arent responsible in this case?? its not like the buggy was sitting in the middle of the road and she hit it.. she was driving and the buggy flew into her in the street..

 

[foolishmortal]

I guess I'm wondering as to how this is thier fault?????

wind caused the cart (put where it was by a customer not the store) to go into the lane. Krogers had nothing to do with where the cart was at nor the weather.

 

[Rock'n Robin]

I would at least discuss it with your insurance agent if you have problems. I was hit by a semi 4 years ago and the driver insisted it was my fault in spite of the police report, so his insurance company would not pay up....my insurance company had to go after his insurance company. That's what you pay them for--if they feel it is a winnable case they will go after them.
That said, every cart corral has some disclaimer about carts and damage, you might want to check out the disclaimer your Kroger has.
Robin M.

 

[maelstrom]

wind caused the cart (put where it was by a customer not the store) to go into the lane. Krogers had nothing to do with where the cart was at nor the weather.

I would think that the store has a responsibility to keep track of their shopping carts and to not just let them roll around the parking lot and out into the road (every store I've ever worked at or visited has had employees out collecting the carts) and being that THEIR property has damaged another person's property, I think it's their fault. They can't control the weather, but they can control collecting their shopping carts.

 

[chisnpeke]

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.

 

[claudia]

do you have a famly attorney that you could ask.....or a family/friend could recommend one? I would definitely speak with someone before you procede with this. The waiver that is posted more than likely only pertains to their property limits....this is not a simple bump in the parking lot, this came onto a main road. Don't be bullied.....people behave rudely and yell when they want you to stop pursuing something.

 

[chisnpeke]

I would think that the store has a responsibility to keep track of their shopping carts and to not just let them roll around the parking lot and out into the road (every store I've ever worked at or visited has had employees out collecting the carts) and being that THEIR property has damaged another person's property, I think it's their fault. They can't control the weather, but they can control collecting their shopping carts.

If the shopping cart was in the road already (assuming a customer put it there) then how are they supposed to know? I doubt most of the people who collect the carts look or go all the way to the road, especially if it's a large parking lot where the road is far away or if it's a busy road.

 

[bettyann29]

The cart came barrelling out of the parking lot is what DD said.. it wasnt in the road .. she was driving by and out of the corner of her eye saw it coming towards her.. If it was already in the road and she hit it, I could understand.. but it wasnt in the street..

I know Ive seen before in the parking lots where there is a sign, but again I just thought maybe this was different as it didnt happen in their parking lot..

I also felt that they cant control the weather, that is true, but they should be responsible for their carts off of their property.. the street isnt their property..

I guess Im just frustrated at the way they have been treating me.. the man I talked to on Friday was extremely rude about the entire situation.. Im glad that DD is ok, as that is the main thing, but think it sucks that this has to perhaps be on us..

Thanks for the comments..

 

[Linzybrooke]

First, the manager should NEVER have told you that they would cover the damage in the first place. You should have been referred to their insurance and that should have been it. The manager had no business telling you whether they would or would not cover the damage as that is not their area of expertise or authority. In my opinion the manager was either ill-informed of policy or was trying to pacify you so that you would leave peacefully (I would assume they were ill-informed).

I really don't see this as being Krogers fault. Like another poster stated the cart was put their by a customer, not by Kroger, and it is not their fault that a storm popped up with winds high enough to make the cart go into the road causing damage, it is a weather related issue, not a store issue. If they are not liable for a cart being in their parking lot then I would assume they are not liable for a cart being off of their property as well.

However, were you are going to have some recourse is with the manager and other lady who promised the damage would be taken care of and with the general attitude of the claims agent you have dealt with.

I'm sorry this is such a headache for you. Good luck in getting things dealt with.

 

[maelstrom]

If the shopping cart was in the road already (assuming a customer put it there) then how are they supposed to know? I doubt most of the people who collect the carts look or go all the way to the road, especially if it's a large parking lot where the road is far away or if it's a busy road.

It sounds to me like the Kroger parking lot comes right up to the road and that the shopping cart rolled out of the parking lot and into the road while the OP's daughter was driving.

 

[chicagodisneyfan]

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.

Sorry - you will most likely only get aggravation! Kroger will not pay - my god if they had to pay out on cart damages it would be a huge liability!

 

[kydisneyfans]

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.

 

[suzanna1066@comcast.]

They are just trying to scare you off.

Corporate/Executive Offices Switchboard
(513) 762-4000

Good Luck!

 

[Eeyores Butterfly]

No, you do not have recourse. Stores cannot be held liable for shopping cart damage to cars. They cannot control where the customers put the carts, and they cannot control the weather. This would be considered an "act of God" and therefore they are not liable.

Just because something bad happens at a business (a person or property is injured), it does not mean that the business should be held accountable, our society is too litigious as it is. Your insurance should cover any damage, with a deductible of course.

Last summer somebody hit my car in my apartment parking lot and drove off. I had to get a panel on my door replaced and they had to paint into the front bumper and back door, I was without my car for over a week. Since it happened when I was not there, I was not able to find out who it was. Should I have made a claim with my apartment since the damage happened in their parking lot by presumably one of their tenants? No. They cannot control the actions of other people. Did it suck having to pay a $500 deductible when this was in no way my fault? Absolutely, but that is life sometimes.

In order for a place to be liable, there must be a breach of duty. If Kroger had a corral for the carts and sent people out periodically to bring them back in, then they have met the expected standard of care. They cannot be expected to sit there in the parking lot and personally grab every cart that somebody doesn't feel like putting in the corral as soon as it happens. That is ridiculous. You can certainly try to pursue it, but I highly doubt you have a case. It sounds like it is time to cut your losses and move on.

 

[bettyann29]

First, the manager should NEVER have told you that they would cover the damage in the first place. You should have been referred to their insurance and that should have been it. The manager had no business telling you whether they would or would not cover the damage as that is not their area of expertise or authority. In my opinion the manager was either ill-informed of policy or was trying to pacify you so that you would leave peacefully (I would assume they were ill-informed).

I really don't see this as being Krogers fault. Like another poster stated the cart was put their by a customer, not by Kroger, and it is not their fault that a storm popped up with winds high enough to make the cart go into the road causing damage, it is a weather related issue, not a store issue. If they are not liable for a cart being in their parking lot then I would assume they are not liable for a cart being off of their property as well.

However, were you are going to have some recourse is with the manager and other lady who promised the damage would be taken care of and with the general attitude of the claims agent you have dealt with.

I'm sorry this is such a headache for you. Good luck in getting things dealt with.

Thanks..

I am a little miffed about the whole thing.. It certainly was a freak accident..

I guess I can only assume the manager didnt know because we certainly were calm and collected.. not upset about anything other than making sure my DD was ok that night.. I wasnt upset until the claims person started yelling at me over the phone when I asked him why this wasnt being covered after I said something to him about him talking to my minor daughter.. he kept saying that these were 2 different issues I asked him what he was talking about.. he kept saying that I was calling him to tell him my daughter was a minor.. I said that I told him that information because he had no business talking to her about anything.. but that I informed him previously I was actually calling him about why this wasnt covered.. that was when he started yelling at me.. there was absolutely no need to yell at me over this.. I wasnt raising my voice or saying anything to him other than to ask why..

I guess Im just still a little upset about the attitude.. again.. a car is just a car.. my main concern was my DD.. Im glad she's ok but it still sucks about her car.. I just thought perhaps they would be liable as the buggy is their property and just dont understand how they can make up policies about what they will and wont do when it concerns their property..

Thanks again all.. I'll wait to hear from the claims manager and just hear him out.. I will definitely lodge a complaint about the way Ive been treated in this matter..

 

[Cheshire Figment]

Google "Kroger Foods"; the first listing is their corporate page. At the bottom of the page are tons of useful links.

 

[bettyann29]

It sounds to me like the Kroger parking lot comes right up to the road and that the shopping cart rolled out of the parking lot and into the road while the OP's daughter was driving.

That is correct..

 

[christiane]

I glad your daughter is ok. I agree with you that this is Kroger's responsibility. If it windy, they need to be out there rounding up their carts.

Could you file a police report? This could have been very serious & luckily your daughter kept a cool head & just let the cart hit her rather than swerving. The fact that the accident occured on public rather than private property should be taken into account as well.

The disclaimer on the cart is probably only meant for incidents in the parking lot. It may not even have any meaning, depending on your state laws.

Hope you get a good outcome.

Christiane.

 

[bettyann29]

No, you do not have recourse. Stores cannot be held liable for shopping cart damage to cars. They cannot control where the customers put the carts, and they cannot control the weather. This would be considered an "act of God" and therefore they are not liable.

Just because something bad happens at a business (a person or property is injured), it does not mean that the business should be held accountable, our society is too litigious as it is. Your insurance should cover any damage, with a deductible of course.

Last summer somebody hit my car in my apartment parking lot and drove off. I had to get a panel on my door replaced and they had to paint into the front bumper and back door, I was without my car for over a week. Since it happened when I was not there, I was not able to find out who it was. Should I have made a claim with my apartment since the damage happened in their parking lot by presumably one of their tenants? No. They cannot control the actions of other people. Did it suck having to pay a $500 deductible when this was in no way my fault? Absolutely, but that is life sometimes.

In order for a place to be liable, there must be a breach of duty. If Kroger had a corral for the carts and sent people out periodically to bring them back in, then they have met the expected standard of care. They cannot be expected to sit there in the parking lot and personally grab every cart that somebody doesn't feel like putting in the corral as soon as it happens. That is ridiculous. You can certainly try to pursue it, but I highly doubt you have a case. It sounds like it is time to cut your losses and move on.

I agree nowadays everyone wants to sue.. I certainly dont want to sue and only want my daughters car fixed.. I personally felt that they should be liable for the damages to her car..

 

[akhenaten]

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.

but the girl was not in the kroger lot....she was driving by in the street....
how could that disclaimer apply to someone who was not even in their lot?

If the wind blew over the kroger sign and it fell on her car as she passed by in the street....wouldn't they be responsible then???

I hope you get some compensation Op!! keep Trying!!