Shapping cart damages a parked car

[valron]

What is the name of your state (only U.S. law)? NY

After shopping at a supermarket, I returned my cart to the coral for shopping carts located up on the sidewalk in front of the store. There were several scattered shopping carts blocking the entrance to the actual coral, so I left my cart with the others and walked away. I did not see this actually happen as I had already walked away and was almost back to my car, but a man and his wife parked in the handicapped space (which is located directly in front of the coral) claimed that the cart that I put back rolled down the ramp and hit his car leaving a scratch. It was a windy day and several people were passing back and forth. I'm certain that the cart was stationary when I walked away from it. The man claims that since it was my cart and I did not make sure that it was put back properly, I am responsible. I did file an incident report with the store but he is threatening to take me to small claims court to have his car fixed. He doesn't want to go through his own insurance or pursue it through the store. He wants me to pay for it. Who would be responsible for the damage in a case like this? Thanks in advance.

 

[JETX]

Who would be responsible for the damage in a case like this?

If it happened as you claim (stopped cart blown by wind into car), then you are NOT liable. However, if you pushed the cart and it hit their car, then you COULD be found liable.

It all depends on the full FACTS and what they are able to convince a court.

 

[BL]

What amount are they claiming as damages ?

 

[JETX]

What amount are they claiming as damages ?

The amount has NOTHING to do with the facts or liability of the claim.

 

[valron]

If it happened as you claim (stopped cart blown by wind into car), then you are NOT liable. However, if you pushed the cart and it hit their car, then you COULD be found liable.

It all depends on the full FACTS and what they are able to convince a court.

I didn't push anything into his car at all. He claims that I pushed the cart into the other carts and my cart supposedly bounced back and rolled down the ramp into his car. This isn't true. The cart was stationary when I left it. I wouldn't have walked away otherwise.

 

[valron]

What amount are they claiming as damages ?

They obtained two estimates. One is for $270. The other is for $350.

 

[A-BIG-NOTHING]

how do they want to "PROVE" that it was YOUR cart that hit the car? if there were other carts laying around, wind could have moved either one of those.
they would need to "PROVE" that it was "YOUR" cart!
i say they don't have a good chance of getting money from you in court.

 

[bluesmap]

they cant prove it was you

 

[JETX]

The OP said "a man and his wife parked in the handicapped space (which is located directly in front of the coral) claimed that the cart that I put back rolled down the ramp and hit his car leaving a scratch" and "He claims that I pushed the cart into the other carts".

'PROOF' (in the form of videos showing you pushing the cart, etc.) are NOT required. Their statements stand for themselves.

 

[A-BIG-NOTHING]

their statement is just as good as yours. without witnesses or video evidence, their statement will have the same weight as yours denying it was your cart.


good luck.