Could I be liable for a cart hitting a vehicle?
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Could I be liable for a cart hitting a vehicle?
I was shopping at a grocery store where the cart are stocked in the front outside the store. After shopping and
exiting the store I placed my cart next to where the carts are stored, hot my groceries out, and my daughter. Then pushed the cart right against the other cart just in the opposite direction. It was behind a red pole and stake of wood. The person claims that a cart hit the driverside door and caused a 5 inch wide and about 10 inch long white scrap the cart has large bottom and top red bumper pads. She said that she didn’t see it happen but someone at the front of the store said it was my cart. I explained to her that it wasn’t possible and how I put my cart wouldn’t roll this happened about 5-10 minutes after I placed my cart. She then proceeded to cuss me out and then take pictures of my license plates. I don’t believe that there is any possible way that the cart I used to rolled and hit her vehicle without someone moving it. Am I legally at fault?
Asked on August 28, 2019 under Accident Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You are only liable if you were in fact at fault--that is, you were negligent or careless in causing the damage. Based on what you write, you do not appear to have been at fault. Further, if the woman decides to sue for the damage, as the person suing ("plaintiff") the obligation is on her to provide reliable evidence or witness testimony proving your fault, and if she cannot, she will not win her case.
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