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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100049
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Supermarket Shopping Cart Liability in NY

Customer Question

Supermarket Shopping Cart Liability in NY
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
Can you please tell me more about what happened, and, what you are asking?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

What us the NY statute regarding this case

Due to high winds a super market failed to properly secure their shopping cart. The wind caused the shopping cart to blow off of the curb and collide with the rear of my vehicle causing damage.

Is there any legal ground that I have with this case

Expert:  Ely replied 1 year ago.
Thank you, J.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.
Here, the closest thing would be negligence. The elements necessary to a cause of action in negligence are: (1) the existence of a duty on defendant's part as to plaintiff; (2) a breach of this duty; and (3) injury to the plaintiff as a result thereof. Akins v. GLENS FALLS CITY DIST, 53 NY 2d 325 - NY: Court of Appeals 1981 citing Prosser.
There is not specific law about shopping carts - this is the "frame" under which this is judged by the Court.
Now, the argument here would be that the supermarket had a duty to secure the carts, did not, and damage was caused. The supermarket would argue that they are not responsible for "acts of God" - see here.
The final decision is then up to the Judge or Jury.
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