Is this worth fixing?

[GooberDH]

When a corporation establishes a formal safety process to mitigate a known risk, and then completely fails to execute or finish that process

Good luck finding anywhere in Home Depot's policy that states their cart corrals are for the safety of their customers' property, not for the convenience of not having to walk carts all the way back into the store, and that they vow to have a parking lot lifeguard on duty during all business hours to full sprint to any unattended carts to secure them before the weather uses them to assult a car. I guess the next time there's a tornado warning I'll just park my car at Walmart so when the tornado drops the store's roof on my car it's all their fault and owe me money for not keeping my property safe on their property, for neglecting to install an anti-tornado defense system, and for failing to instruct their employees to tie like super strong ropes to the building and all together pull down really hard as the cyclone passes by . It's the least they could have done since I graced them with my patronage when I visited their establishment to buy a bag of chips.

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[BimmerDriver]

That's a nice thought but it won't stop lazy slobs from just leaving the cart next to where they parked even with a cart corral 15ft away from them.

I was at a Costco recently and saw a woman just leave her cart in the middle of the parking lot. I said something to her, and she replied that it was too far away to return the cart.

I confess that I yelled at her. "It's right there!" The next aisle over was the corral. 20 ft., if that. She just walked away. I wasn't threatening or scary (I'm a little old man) just a bit pissed off.

Some people just suck. No, not me. LOL

 

[GooberDH]

I was at a Costco recently and saw a woman just leave her cart in the middle of the parking lot. I said something to her, and she replied that it was too far away to return the cart.

I confess that I yelled at her. "It's right there!" The next aisle over was the corral. 20 ft., if that. She just walked away. I wasn't threatening or scary (I'm a little old man) just a bit pissed off.

Some people just suck. No, not me. LOL

You don't understand. She has a long way to sit in air conditioning while listening to some tunes and occasionally moving her arms and feet a few inches to make it back home. Try being more empathetic to her struggle 🫠

 

[Zig]

Good luck finding anywhere in Home Depot's policy that states their cart corrals are for the safety of their customers' property, not for the convenience of not having to walk carts all the way back into the store, and that they vow to have a parking lot lifeguard on duty during all business hours to full sprint to any unattended carts to secure them before the weather uses them to assult a car. I guess the next time there's a tornado warning I'll just park my car at Walmart so when the tornado drops the store's roof on my car it's all their fault and owe me money for not keeping my property safe on their property, for neglecting to install an anti-tornado defense system, and for failing to instruct their employees to tie like super strong ropes to the building and all together pull down really hard as the cyclone passes by . It's the least they could have done since I graced them with my patronage when I visited their establishment to buy a bag of chips.

Why did they provide carts and personnel to manage them? What is the intent of the corral if liability isn’t a concern on private property. The company insurance should have no problem accepting fault since that’s what their liability coverage is for. Especially if there is a store / corporate policy concerning cart management.

Ever heard of a loading dock?

 

[GooberDH]

The company insurance should have no problem accepting fault

I don't think we live in the same realities. Where I'm from, insurance does everything they can to not pay or pay as little as possible and corporations have a team of demon-spawn lawyers who may or may not be sentient hivemind colonies of bugs and snakes wearing human skin-suits tasked with ensuring the company has as little liability for everything as legally possible or are at least able to drag out lawsuits long enough to bankrupt the prosecution.

 

[Zig]

if cart is left in plain sight after hours or is acknowledged but retrieval effort is not made store is liable.

“entirely correct. Under premises liability law, if a shopping cart is left as a visible hazard in plain sight and the store fails to retrieve it within a reasonable timeframe, the store can absolutely be held legally liable for negligence.

This specific scenario triggers a legal concept known as constructive notice or actual notice.


How the Law Proves Store Liability in This Case
When a store ignores an errant cart, your exact argument becomes the foundation of a successful insurance claim or lawsuit:

• Actual Notice (Acknowledged but Ignored): If security footage or witnesses prove that a store employee saw the dangerously placed cart but chose to walk past it or ignore it, the store has "actual notice." Failing to act after acknowledging a hazard is a direct breach of their duty of care.
  
  
• Constructive Notice (The "Reasonable Time" Rule): Even if no employee explicitly saw the cart, if it sat in plain sight for an extended period (such as hours or overnight), the law states the store shouldhave known about it. A business cannot claim ignorance if the hazard was visible to anyone looking at the property.
  
  
• Failure to Maintain Safe Premises: While a store isn't responsible for a customer initially abandoning a cart, they are responsible for the ongoing condition of their property. Once a reasonable amount of time passes, the cart stops being the sole fault of the customer and becomes an unaddressed property hazard maintained by the store.

The Impact of "After Hours"
If a cart is left in the parking lot overnight or after closing hours, the store's liability actually strengthens for any incidents occurring right around closing or opening:

• The Acknowledged Risk: By closing up for the night without clearing the lot, the store has failed to execute its basic mitigation policies.
  
  
• Predictable Hazards: It is entirely foreseeable that wind or overnight weather will move unsecured carts into vehicles or driving lanes. Leaving a lot full of mobile, metal hazards unattended overnight is a failure to maintain a reasonably safe environment.

The Catch: Proving the Timeline
The entire dispute with the store's insurance company will come down to proving how long the cart was there.

• If a customer abandons a cart, and 2 minutes later the wind blows it into your car, a court will rule the store did not have a "reasonable timeframe" to react.
  
  
• If the cart sat there for 45 minutes, two hours, or overnight, the store's defense collapses. Their policy required them to manage the lot, the cart was in plain sight, and their failure to execute their duty directly caused the damage.”

 

[Junkyard Dog]

I was at a Costco recently and saw a woman just leave her cart in the middle of the parking lot. I said something to her, and she replied that it was too far away to return the cart.

I confess that I yelled at her. "It's right there!" The next aisle over was the corral. 20 ft., if that. She just walked away. I wasn't threatening or scary (I'm a little old man) just a bit pissed off.

Some people just suck. No, not me. LOL

Society is falling apart. The rules that used to govern civil society are giving way to teen takeovers and Harleys blasting music and exhaust noise and so on. Screw everybody else is the general attitude.

 

[POHLHAMMER]

if cart is left in plain sight after hours or is acknowledged but retrieval effort is not made store is liable.

“entirely correct. Under premises liability law, if a shopping cart is left as a visible hazard in plain sight and the store fails to retrieve it within a reasonable timeframe, the store can absolutely be held legally liable for negligence.

This specific scenario triggers a legal concept known as constructive notice or actual notice.


How the Law Proves Store Liability in This Case
When a store ignores an errant cart, your exact argument becomes the foundation of a successful insurance claim or lawsuit:

• Actual Notice (Acknowledged but Ignored): If security footage or witnesses prove that a store employee saw the dangerously placed cart but chose to walk past it or ignore it, the store has "actual notice." Failing to act after acknowledging a hazard is a direct breach of their duty of care.
  
  
• Constructive Notice (The "Reasonable Time" Rule): Even if no employee explicitly saw the cart, if it sat in plain sight for an extended period (such as hours or overnight), the law states the store shouldhave known about it. A business cannot claim ignorance if the hazard was visible to anyone looking at the property.
  
  
• Failure to Maintain Safe Premises: While a store isn't responsible for a customer initially abandoning a cart, they are responsible for the ongoing condition of their property. Once a reasonable amount of time passes, the cart stops being the sole fault of the customer and becomes an unaddressed property hazard maintained by the store.

The Impact of "After Hours"
If a cart is left in the parking lot overnight or after closing hours, the store's liability actually strengthens for any incidents occurring right around closing or opening:

• The Acknowledged Risk: By closing up for the night without clearing the lot, the store has failed to execute its basic mitigation policies.
  
  
• Predictable Hazards: It is entirely foreseeable that wind or overnight weather will move unsecured carts into vehicles or driving lanes. Leaving a lot full of mobile, metal hazards unattended overnight is a failure to maintain a reasonably safe environment.

The Catch: Proving the Timeline
The entire dispute with the store's insurance company will come down to proving how long the cart was there.

• If a customer abandons a cart, and 2 minutes later the wind blows it into your car, a court will rule the store did not have a "reasonable timeframe" to react.
  
  
• If the cart sat there for 45 minutes, two hours, or overnight, the store's defense collapses. Their policy required them to manage the lot, the cart was in plain sight, and their failure to execute their duty directly caused the damage.”

I'd argue , that if the cart was in plain sight when you parked. Then you chose to take the risk.
(comment aimed at ZIG's response , not OP)

I really don't know but thought it would be fun to get into the "Lawyer" role playing game you all were playing..

In looking it up , it does appear that at least in our state. If you can prove store negligence than you may be able to recover from their insurance. Or if you can prove another customer left it to roll into your vehicle then they could be held responsible through their auto insurance.

I would roll back the tape and see if you see anyone leave the cart.

I also noticed this appears to be after store closing hours ? The lot seams empty ? That may affect how this all plays out with them claiming you were there parked after store hours and therefore removing liability... ? Like I said , I'm just playing a lawyer on a car forum. So don't take anything I say seriously , lol.

To: OP
I would like to add; Damn, that sucks it happened , and I hope you can get her all fixed up !

 

[Zig]

I'd argue , that if the cart was in plain sight when you parked. Then you chose to take the risk.
(comment aimed at ZIG's response , not OP)

Sight is in the eye of the beholder

….
I would like to add; Damn, that sucks it happened , and I hope you can get her all fixed up !

I concur

 

[DarkHorsePremium]

Sorry this happened to you. I cannot comment on how or who is going to be liable but it's something that you'll want to get fixed. As painful as it might be and it's not going to be cheap ... Bite the bullet if you have to. Don't drive around with a crunched car. Doing so is ghetto AF. It's your baby man!

 

[Zig]

Don't drive around with a crunched car. Doing so is ghetto AF.

No need to bring the ghetto into it - beaters make the best sleepers. (advanced apologies - slight pet peeve)

It's your baby man!

Ah, the saving grace

 

[AZ_Ryan]

I don't think we live in the same realities. Where I'm from, insurance does everything they can to not pay or pay as little as possible and corporations have a team of demon-spawn lawyers who may or may not be sentient hivemind colonies of bugs and snakes wearing human skin-suits tasked with ensuring the company has as little liability for everything as legally possible or are at least able to drag out lawsuits long enough to bankrupt the prosecution.

Its pretty well established Zig lives in his own reality.

 

[Zig]

Its pretty well established Zig lives in his own reality.

In looking it up , it does appear that at least in our state. If you can …

 

[FitmentIndustries]

Is this worth going through insurance to fix?

Or should I avoid insurance and fix it out of pocket? If I do Im just getting the hood replaced. I live in NYC and afraid my premium will go up if I file a claim

Or leave it alone?

The store SHOULD cover it - but, I guess the better question is: "Which insurance is going to start working on this the quickest?" That's up to you. If I were you, I'd have the store's insurance cover it. Your car's insurance shouldn't go up because it's THEIR fault for failing to secure the cart.

Assuming you were there during normal working hours.

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