My car was hit by a shopping cart (NJ)

Question

The shopping cart was from a Dollar Store and that's supposed to stay inside the store but someone removed from the store even when the cart had a rod to stop people to remove them from the store. Anyway hit my car who happens to be brand new - less than 2 months and has 1 huge dent, complained to the police and to the manager and they said they will call in 24 hours (they didn't call), can I take them to the small claims court and make them pay for the damage? The shopping cart supposed to be inside the store and the parking lot has a little inclination, on top of this I was inside the car waiting for my wife who went to an eye doctor not to that store.

Answer 1

so your in the car,  you get a huge dent, which means the cart had to hit with some substantial force--  you didnt see or get the person's liscense plate who removed the cart from the store, and then damaged your new car??   its not the stores fault, they can only do so much to prevent these incidents--  most parking lots have disclaimers all over stating they are not responsible for damage--  thats why the put those cart cages all aound for people to return the carts safely--  but people are much to lazy--  I had a person leave a metal lumber cart from Home Depot right on my truck--  I was on my way out and saw him do it--  I called him a few nice choice words right in front of his kids ( they were older so i am sure they heard them before)

Answer 2

The store is not responsible for your damage.  They take reasonable steps to keep the carts inside the store but if someone removes one and it rolls into your car, that's just life.  It's called an accident.  c**p happens.

Answer 3

Thats what you get for living in NJ.

Answer 4

Why didn't you call them back when they didn't call? Have you contacted your insurance company? Have them fix your car and let them go after the store.  

Answer 5

If you were in the car, you should have seen the person who removed the cart from the store and negligently allowed it to hit your car.

That is the person that you sue.

Dollar Store is not responsible for the negligent acts of others.  Especially when they have done all they can to avoid this by installing rods on the carts.

Answer 6

stores are not responsible for the actions of thier customers . . but that's why you have insurance  

Answer 7

wah wah every new car gets its frist scratch or dent in a parking lot.

either accept the car will get dinged, or call your insurance, or simply go to a body shop and pay to have it repaired.

expect to get dinged again and again and again if you are going to take the car out of the garage.

Answer 8

I wouldn't bother pursuing it.

Yes, the store had a duty of care; however it already took steps to avoid causing any reasonably foreseeable damage (the rod). So in that regard the likely view is that the store didn't breach its duty.