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
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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