If I am hit by a motorized cart at a supermarket, are they liable?
The issue of a store’s liability for injuries depends on whether they caused the dangerous condition or knew of the dangerous condition and allowed the danger to remain or continue. There are cases where customers at supermarkets are knocked down by other customers using motorized carts. The question arises, is the supermarket responsible for the injuries caused by the negligent use of a motorized cart by a customer?
There have been cases in Florida in which Plaintiff’s attorneys have been able to discover that other customers at Publix, for instance, have been injured by motorized carts in the past, thereby potentially putting Publix on notice of the danger. In the case of Kimball v Publix, a woman was knocked down by a motorized cart. Discovery revealed that other customers had been injured by motorized carts at other Publix’ throughout the state. Publix attempted to get the case dismissed, saying that they had no responsibility for the negligent operation of the carts. The appellate court held that the fact that there were previous accidents involving the carts created an issue of fact for a jury to decide if Publix had enough knowledge of these incidents to make such accidents foreseeable, thereby making Publix liable for the injuries.
If you are injured in a supermarket or other store and you are not sure if they may be liable for the damages you sustained, contact the attorneys at Dell& Schaefer for a free consultation. We will be able to advise you of your legal rights and pursue a claim on your behalf if one is warranted under the facts of your case.
5 comments
On 1/12/2018 I was hit in the back by a like 200lb.man trying to operate a motorized grocery cart, at Ingle’s here in Franklin,NC.I was standing in line and all of a sudden I felt this hit in my back that wedged me between my cart and his. Luckily I had on a coat. The man apoligized and did look puzzled but this is the kind that don’t need on these. I didn’t take any action at the time, I was so embarrassed I just wanted to get out of there. Luckily none of my bones was broken, I’m 68 yrs. old, but was so sore and had like a catch in my back the next day and its still is there. Thankfully this wasn’t a pregnant woman or somebody that had back surgery that got this hit. If there was any witnesses they sure didn’t come forward, but in the isles at checkout there’s not that much visibility. I didn’t report it because at that time of night there wasn’t anybody at the service desk, and I just wanted to make sure I was out of that guys way, since he was behind me, and I didn’t want run over again. I would like to know in case this happens again, what action should I take? I sure don’t want this happening again or to anybody. Thanks Edith
Hi Edith,
Based on your question, if something like this happens again you will want to notify the manager of the incident immediately. Also, if you feel any pain at the time you should request emergency medical attention and request that an ambulance to come to the scene. Please feel free to call us should you wish to speak further about your incident.
I Was in line at the Kroger grocery store in Aiken, SC I was hit in the back hip by a woman driving the motor cart. she hit my cart causing it to hit my back hip, knowking me into a plex glass wall. I felt sore but though it would just go away but it has not. I feel pain in my leg and across my back I reported it to the store manager and she filed it with their insurance company, but I have not herar from them. It has been 6 days and I am still feeling pain when I sit down and feel likes pain in leg and back at times
c. Tynol and Advil does not help releive the pain. Do I have a case?
I was at Publix grocery store had just finished shopping and as I got right outside the door on the sidewalk, a guy was running pushing a cart full speed and did not slow down or hesitate to hit me square in the back knocking me so hard I got caught between a trash can and the cart. Im having awful back pain, at first I just wanted to get out of there because the group of young kids with him was lagging at me and calling me retarded, but now Im in a lot of pain in my back, hip and foot. We called the manager, they apologized and said it’s a work in progress you are not the first one. This is not right, they should stop 20 kids loitering outside of there store. I think I need a Drs appt but who is liable. They have it on camera. Do I have a case?
Hi Cynon,
Thanks for writing. When did this happen? Did you report this incident to the police? The person who struck you with the cart may be guilty of a crime. Were you able to get the name and contact info for the person who struck you or any of the witnesses? Did the manager create an incident report? When they said that you were not the first one, what did they mean by that? Were other people also struck outside of the Publix? If so, how many other times did this occur and what was the date of the other incident(s)? Feel free to call us so that we can let you know how we may be able to help.