Do I have any recourse with Kroger??

[kerrynic78]

I used to handle insurance claims for many large companies, and unfortunately these types of claims we never paid out on. I had people yell at me every which way and even though I totally understood when I put myself in their place, we would have to deny the claim.

 

[Illuminations_Rocks]

Yeah, I really don't think they're liable. First, it is the "act of God" - no control of the weather-related damage. Secondly, imagine if a person had taken a cart say, three blocks down the road, and the same thing happened. Are they still liable because they own that cart? The store is not in control of the cart. A store worker did not push the cart into the street. This is why you have your own insurance. Annoying, yes, and I'm sorry you were treated badly.

FYI, they can speak to your daughter... telling her there was not coverage is not encompassing, but he can still tell her (though he would still have to tell the parent of a minor). Not the best thing to do because you called, but she was the one who was there. They're still supposed to get your permission if they need anything like, liability-wise... but he already knew he was denying it.

Hope it gets better.

 

[Illuminations_Rocks]

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!!

No, at least not to be paid by the insurance company. Maybe the company who installed it improperly.... haha.

 

[Eeyores Butterfly]

Definitely complain about the man who treated you poorly. Regardless of what happened or whose fault it was you should NOT be treated in this way.

 

[Carly_Roach]

It seems to me that Kroger's property (the cart) damaged your daughter's property through no fault of her own. Your daughter wasn't in their parking lot and subject to their disclaimer of non-responsibility. She was on a public street and the cart came off Kroger's property into a public thoroughfare.

Regardless of whether a customer left the cart in a precarious position or the wind blew the cart away, the fact remains that your daughter wouldn't have had this damage if Kroger had kept their property from running into a public street.

It's up to you as to how far you want to take it. Start with the insurance agency (for their attorney priviledges) and then hit your local Kroger with a small claims court suit for the deductable. If you don't want your insurance involved because you think you'd pay higher premiums, then take the local Kroger to small claims court for the entire cost of the damage.

You may not get a payout, but it'll be on the local Kroger owner's record for seven years AFTER they satisfy the judgment. You'll also be within your rights to spend as much time as you want attempting to collect the debt. If you're patient and persistent enough, they'll eventually pay to shut you up, which sets a precedent for other people to do the same thing if/when it happens again.

Good luck!

 

[JR6ooo4]

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.

They are just trying to scare you off.

Corporate/Executive Offices Switchboard
(513) 762-4000

Good Luck!

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.

was this after the store was closed?
is this a brand new store?
How many cart corrals were there.

I am not a lawyer, but I was under the impression that putting up a sign does not limit liability. Can I put up a sign that says I am not responsible for the words coming out of my mouth?

If this was after the store was closed all carts should have been collected.
if this is not a brand new store then the slope of the parking lot was a known entity and actions could have been enabled to stop carts from entering a right of way. they make locks that go on cart wheels to keep people from taking them off the property. When they cross the line the wheel locks and the cart will no longer roll.

Be calm, give each person on the phone 5 minutes to give you the answer you want then move on up the corporate ladder.

Look for a number for public relations, they care much more than managers.

They are more afraid of someone who is polite and resourceful than those angrily ranting.

Mikeeee

 

[cherylp3]

I would recommend contacting someone in their corporate communications area and get yourself to the president of the company if needed. I agree that this is not your daughters fault.

 

[chisnpeke]

I'm still not sure you have a claim OP. But the situation does suck.

Here is some more contact information for Kroger

Here is their corporate website

http://www.thekrogerco.com/

Corporate Affairs Department
The Kroger Co.
1014 Vine Street
Cincinnati, OH 45202-1100


Call us at: 1-866-221-4141

I gave you the toll free to avoid having to make a long distance call to the Cincinnati area code.

 

[undertheradar]

Contact your state attorney general's office. You should not be responsible for the neglect caused by Kroger or Kroger's customer. If my dog leaves my yard and bites someone, I would be held accountable. How is Kroger's shopping cart hitting your car any different? Get several estimates and be ready with numbers that will repair your car.

 

[jrmasm]

Sorry OP, this situation stinks. Hopefully you can get them to fix your car.

Wonder if anyone that has posted in the past that they don't return their carts to the corral will think twice next time. Probably not but they should.

 

[I Love Pluto]

A similar situation happened to me years ago in an Acme parking lot. I was in the lot, not on the street - so it might make a difference.

I had just picked up my brand new Pontiac from the dealer. I stopped at the Acme on the way home. A storm came, the wind blew a cart into my door, Acme was not responsible. They did not pay.

I know this isn't very helpful, nor encouraging. Good luck to you. I'm glad your daughter is OK.

 

[lillygator]

I don't see how its their fault.

 

[Planogirl]

Short of having someone patrolling the parking lot constantly to grab the carts, I don't see how stores can do anything to stop such things. It's extremely windy here much of the time and carts do sometimes escape into the streets. I think that people here just take it in stride.

However, I wish you good luck. This is definitely a shame.

 

[ZachnElli]

Contact your insurance company and file a claim. If they feel Kroger is at fault, they will go after them. Trust me, insurance companies don't want to pay, so they will go after who they feel is responsible for the damages. You'd think if they were so close to a road they would put up some sort of guard rail to prevent the carts from actually going into the road. I'd think there may be some liability right there.

 

[Jennasis]

Is it possible that some rogue teens or something rolled the cart out into the road at your daughter's car? I would imagine it'd take more than a "light wind" to cause a cart to go careening out into the road.

Luckily no one was hurt, but I would be willing to bet they won't pay out any damages.

 

[ameraumi]

Short of having someone patrolling the parking lot constantly to grab the carts, I don't see how stores can do anything to stop such things. It's extremely windy here much of the time and carts do sometimes escape into the streets. I think that people here just take it in stride.

However, I wish you good luck. This is definitely a shame.

Most stores do have employees that do this. Our Meijer store has young men and that is their sole job, collecting the carts and picking up trash in the lot.

 

[Mom2Evie]

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.

The disclaimer on those cart corrals only applies to people parking in the lot. By leaving you car there, you're agreeing & understanding that the carts might roll around and damage your car. This girl was driving down the road. No agreement with Kroger existed. Kroger doesn't know that the wind blew this thing into the road. How do they know that someone in the lot didn't bump it with their car or just give it a big push toward the corral because it was raining and they couldn't be bothered to make sure it went into the corral.

I'd file a claim in small claims cout the very day you get the letter from them stating they won't cover it, assuming your damages are below the limit ($2,500- $5,000). This would keep lawyers out of it and maybe get them to settle it without too much fight.

 

[luvdzny]

Short of having someone patrolling the parking lot constantly to grab the carts, I don't see how stores can do anything to stop such things. It's extremely windy here much of the time and carts do sometimes escape into the streets. I think that people here just take it in stride.

I agree!!!!I am a manager at large grocery store, we have 1 full time employee that is in charge of carts. He spends 8 hours a day collecting carts in the lot. We also send the baggers our frequently to collect carts. Unless you send an employee out with every customer that leaves the store with a cart, there is no way to make sure all the carts are secured. People are supposed to put them in the cart return, but many are too lazy to do that. It was not Kroger's fault that the cart left the lot so they should not be liable.

 

[KyraS]

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 agree with this, you were told by this store manager that it would be covered. I think I would talk to both your insurance carrier and a lawyer. Some lawyers will do a free consultation and tell you whether or not you have a case.

 

[disneychrista]

File a claim with your insurance and let them decide if they want to go after Kroger.

IMO, Kroger is not at fault.