First post said that grocery stores are liable and second post said the same thing. I just don't know if the mall would be liable since it had nothing to do with a shopping cart but with some jerk involved. Grocery stores are liable by law. One time a friend parked at the end of the Sam's Club lot after his blazer had just been painted. When he got to his car, some guy had let a shopping cart fly down the hill at his car. Sam's Club tried to get out of it but when my friend quoted the law, they took his name down and corporate headquarters took it from there and paid for the damage. My attorney has even confirmed they are liable. Make sense now?? I reread both of my posts and I don't see where the confusion is.

 

I'll chime in to the discussion of law among non-lawyers. Kinda like arguing in a bar.

In the case of the shopping carts, I still doubt that that is an automatic slam dunk, but suppose it is.

The shopping carts are the property of the store/mall. Presumably the keys the idiot used on the Crossfire are not. I wouldn't imagine the mall is responsible for what someone else does with their own keys. Beginning and end of comparison.

 

Ronman...

Nope, still doesn't make sense. For the life of me, I do not see how you can hold a store liable for damage to your vehicle. How are you going to prove to them it was done in their lot at the specific point in time???

Anyway... if you can, more power to you.

IMO it would cost more to fight it than the cost of the repair itself. I would also "assume" most attorneys would have better cases to tackle than parking lot dings... just don't see them making any money on this???

Then again, I don't have my "own" attorney.... so what do I know???

Later

 

I wish you had a system like this installed a week or two ago...

http://www.hudiburgkia.com/videos/trunkmoneytheeggs.wmv

http://www.donotfeedtrunkmonkey.com/...unkmonkey.mpeg

 

:lol: That is funny - we all need one of those installed!!! :lol: :wink:

 

I've seen the second one on TV... Cool. When do you think they will be on sale??? I want one!!!

 

Here it is. $460 was the quote.

 

Sorry to hear of your second key incident. I have taken my CF there and do remote parking on the west side of the lot. There is an entrance directly into Macy's and then a couple entrances into the mall itself.

Knowing how some people can be (as evidenced by your misfortunes)....do you think it is someone from the paint/body shop? Probably a real stretch.

Good to hear from you again. Hope things are well.

 

If damage occurs to someone else or someone elses property while on YOUR property you are responsible. I've had my car dented by a shopping cart and the company denied any responsibility. I don't shop there anymore because I guarantee if their car suffered damage on my property I would be sued.

 

Shopping carts are the property of the store or the mall and therefor they are responsible for any damage caused by them, unless they can show it was intentional and identify the person. They put up signs saying they are not responsible for damage hoping people do not file claims.

A random act of vandalism to visitor's property [car] is not the responsiblity of the store/mall. You can try to sue, but good luck.

 

I'd park it in the same place and stake out the car. Seriously....they wouldn't be able to resist the tradition of scratching up the X-fire. Catch 'em, arrest 'em and sue 'em. I'de bet Mall security would help you if you were willing to stake out the area.


Dallas

 

Law generally holds otherwise. Generally Person A is not not liable to Person B for the actions of an unrelated Person C, and especially for criminal acts of Person C, whether it occurs on A's property or otherwise. Example: You are crossing City street (i.e. City property) and Reckless Moron, driving 20 mph over limit, knocks you onto the sidewalk. Can you successfully sue City? Example 2: You are in line for teller at your Bank. Bank robbers burst in, heist goes awry, you are shot in leg by escaping robbers. can you sue Bank? Answer in both cases is no. It's like suing a ski resort because some skier runs into you (or because someone steals your skis while you are having lunch).

Exception to this general rule is if the property owner either has a special duty to you (say, by virtue of statute, or by contract, e.g. promising they will guard your car) or contributed to the situation (say, in first instance, a defective streetlight gave you the "Walk" sign and Moron the green light, or that in second situation, Bank's guard, in violation of accepted security principles, began a free-fire shootout in the lobby).

Shopping carts usually don't dent cars by themselves. If a Moron Shopper dings your car, or leaves a cart rolling in the wind, it will usually not be considered Shopping Center's fault. Property owner usually has to be "on notice" of a dangerous condition before he will be liable for injuries. See Bost v. Chief Supermarket, 1997 Ohio App. LEXIS 1207 (Ct. App. No. F-96-028, 6th App. Dist., Fulton County); Znoski v. Shop-Rite Supermarkets, Inc., 122 N.J. Super. 243, 300 A.2d 164, 1973 N.J. Super. LEXIS 663 (N.J. Super. Ct. 1973). In the first case, the customer not only ultimately lost but had to pay the store's court costs. In the latter case, the court observed that shopping carts are not dangerous instrumentalities, are uniquely suited for the purpose for which they are designed, and that a store owner is not the insurer of its patron's safety, but only has to take reasonable measures. For collections of cases on this and similar fascinating subjects, see 94 A.L.R.3d 439, and 42 A.L.R. 5th 159 (American Law Reports available in any law school library and most governmental law libraries).

In case of vandalism, such as the tragic keying of mightyjlr's X-fire, even less chance of a claim against the store or mall.

 

Wow!!! Someone has too much time on they're hands... :wink:

Seriously, a good writeup. As I said in an earlier post to this thread... it's only common sense one can't hold business' responsible for "everything" that happens on their property. They wouldn't be in business long or their prices would skyrocket to cover costs...

 

The most effective solution to problems like this would be to:

1. Apprehend the perpetrator
2. Place a loaded .44 Magnum into the perpetrator's pie hole
3. Politely ask the perpetrator to beg for his life.
4. Assuming the perpetrator complies with 3. above, remove .44 and tell perpetrator next time there won't be any negotiations.


The thought of taking some spoiled teenage punk to court and listening to his bespectacled wimp lawyer bought by his soulless, valueless parents argue what a fine boy he is makes me want to puke. Anybody know if Death Wish is on DVD?

 

Come on Krusty.... Don't sugar coat it!!! Let us know how you really feel.... :lol: :lol: :lol:

 

Krusty... I'm ashamed of you!!! You're going to ruin such a fine gun by doing the pie hole thing??? Just let him suck on the barrel!!! :wink: :arrow: :arrow:

 

Well, OK. I'd like to modify step 3 with "pull trigger".

Property damage pisses me off. Usually involves some loser who has never accomplished a damn thing becoming jealous of someone who has. I grew up in the crappy part of town and earned everything I have. So when someone defaces my property I want their head on a stick. Sorry if that offends anyone's sensibilities.

 

There ya go!!! I knew you were really where I was.

 

WOW - tough group.....

Personally, I would rather have a small phazer.

It would completely remove the problem, and leave no messy residue to clean up!!!!

And before you start with all the wisecracks, just remember this:

If we can have cloaking devices on our cars, we should have phazers too!!!!

:lol:

 

I've cloaked my Crossfire now --------DEBADGE IT! :lol: :lol: