Coughlin & Gerhart LLP

Building Relationships on Results

Premises liability: Whom can you sue for a shopping cart injury?

On Behalf of | Jun 10, 2019 | Premises Liability

Choosing peak shopping hours to visit a busy New York supermarket could be hazardous. Along with the potential threats of wet spills and random objects in the aisles that could cause slips, trips and falls, consumers have to look out for the hazards posed by shopping carts — especially if negligent shoppers are navigating them. Would injuries caused by shopping carts fall under premises liability laws?

If such injuries happen on the property of the store owner, and negligence by employees of the store or another shopper can be established, the victim might have grounds to pursue a claim for financial relief. Filing a lawsuit against another person would require proof that he or she had a duty to navigate the cart in a reasonably safe manner and that the individual’s negligence breached that duty. The plaintiff must also show that a breach of that duty caused his or her injuries and that this led to financial damages.

However, injuries caused by a shopping cart could also involve negligence by the store. The legal options could include premises liability if it can be shown that the store owner was aware of the hazard or condition that caused the injuries. The store owner’s failure to provide proper staff training in shopping cart safety could prove negligence, and a particular employee’s negligence could constitute vicarious liability for the store owner as the employer.

These are all legally complex theories that will likely give rise confusion for a victim of a shopping cart injury. An experienced New York premises liability attorney can explain the plaintiff’s legal rights and how these laws can overlap. The lawyer can then assist throughout the ensuing legal proceedings in pursuit of emotional and financial damage recovery for the client.


FindLaw Network