My Mother returned an empty shopping cart to the store front, and the cart started rolling because of high winds and hit someone's car door. Now she wants me or my Mom to pay for it. I didn't see this whole thing because I was already in my car. My Mother doesn't speak much English, and she doesn't have an income, she lives with me.
Am I responsible for this and how can I defend myself since I really don't think we are guilty. Thanks.
When a shopping cart rolls it is your responsibility.
According to what others here have said though you might be able to get partcial responsibility on the store even if they have a sign that they are not responsible.
You said your mother put the cart back to the store front. That means your mother didn't make 100% sure it wouldn't roll away. In turn, that makes your mother responsible, not you. Let them sue your mother, you say she has no income...does she have a car? If not, she's judgement proof basically and won't have anything to worry about. No wages to garnish, no vehicle to sieze (if she doesn't have a vehicle, that is)......no, they can't come after you because you did not cause this incident to happen. It's all on mom.
You said your mother put the cart back to the store front. That means your mother didn't make 100% sure it wouldn't roll away. In turn, that makes your mother responsible, not you. Let them sue your mother, you say she has no income...does she have a car? If not, she's judgement proof basically and won't have anything to worry about. No wages to garnish, no vehicle to sieze (if she doesn't have a vehicle, that is)......no, they can't come after you because you did not cause this incident to happen. It's all on mom.
I can't imagine there is a danger of a vehicle being "seized" as part of a Judgment for damage caused by a shopping cart but that aside I don't see the mother as Judgment proof. The fact that she has no income does NOT mean she doesn't have a bank account.
In many of these instances the store itself carries insurance - did OP check into that?
Judy, my mom (resident of NY, mind you) was sued in small claims court for breaking a lease on a house (small claims). The homeowner won. As per the rules of NY, a vehicle CAN and WILL be siezed if the judgement is not paid within 30 days. Once siezed, the car owner has a certain amount of time to pay the judgemnet and get their car back or else it will be sold at auction.
Unfortunately I had used that very car that day to attend college classes, and when I came out......there was a tow truck taking the car away!! They were nice enough to let me get my items out of the car before they hauled it off at least!!
Stores with shopping carts have policies that state "We are NOT responsible for damage caused by shopping carts being improperly left"
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