We really, really don’t want to be liable

gnomic says:

This is a typical sign used to ward off the stupid and provent them from filing a lawsuit – like “not responsible for cart damage” at stores. If fact, they are responsible, but for the cost of a sign, they fool the foolish. That said, do they really thing that people who aren’t cautious already are going to pay any attention to that sign? And if I fall there, my claim in court will be that they obviously knew about the problem and that I didn’t have my reading glasses on or wasn’t at the right angle to see the sign or such.

Leland says:

What leads you to believe a merchant is responsible for cart damage?

gnomic says:

The law.

Leland says:

Silly man, lets use a little common sense here…

Which law? Got a statute or case law that supports your position?

Last I heard, a store owner was not responsible for irresponsible or intentional damages caused by customers. At least in Colorado, Florida and Texas.

Were this not the case, there would be cart proof barriers at the edge of every store sidewalk keeping the carts out of the parking lot.

If your position is true, every idiot with a scratch in their car would go shopping at Piggly Wiggly and then submit a bill to have their car fixed.

gnomic says:

Common sense and the law? Where did you study law? Liberty U? My legal study came second hand as I put and helped my ex thru law school when I worked for that same university. And then there were the law classes I had in business school, both undergrad and grad. And they there was the time I wound up subtitute teaching the law classes. So, silly man, let’s talk about the law.

The signs say “not responsible for cart damage” but businesses have been found responsible for cart damages in many, many cases – which I can’t cite because I don’t have access to lexis/nexis, but rest on some form of business owner neglect: failure to have a secure place for carts, failure to return carts to the store, failure to place cart holders in places where they would not slam into cars if they came loose, etc. Now some states have passed laws to make it harder to sue, but they are easier that you might think for a good lawyer to get around. But the point is, that business owners can be and are held liable for dmanges every day. Still, any good lawyer will tell you to put the sign up as a $50 sign could stop a (dumb) customer that believes the sign to be true from filing a lawsuit.

Believe what you want and don’t sue. I agree that people should be responsible, but my beliefes have little to do with the law, just as common sense has little to do with it. Only a silly man would claim otherwise.

Leland says:

When you can cite the cases, get back with me. Until then it is just so much noise. Try Thomas, that system is free.

gnomic says:

Let me explain a bit about case law searches – unless a case makes it to appeal, the case law is generally not searchable. Given the cost of litigating this type of issue, the cost of litigating the case would far outweigh the costs of most cars. So these claims are unlikely to be found in a general case law search. Which means that you have to do a specific search, and frankly this just isnt’ that important to me. Go believe whatever you want; you just aren’t that important.

Leland says:

Which means you have no proof.

Where I have practical experience in retail. In the states I mentioned you can sue for cart damage to you car. But you will lose on the first hearing and more then likely be ordered to pay court costs.