Car Damaged by Shopping Trolley

[timetoshine]

Hello everyone,

 

I would be extremely grateful for any help or advice that any of you may have regarding a recent incident in which my car was damaged by a shopping trolley.

 

I will try to make this as clear and simple as possible.

 

Earlier on today I parked my vehicle in a council managed car park that adjoins the local Waitrose supermarket. Not liking supermarkets very much I decided to wait in the car whilst my partner went in for a few bits. The space I chose happens to be next door to a marked trolley bay.

 

Whilst I am waiting a customer pushes their trolley in to trolley bay area. At this point, the trolley deflects of another trolley and protrudes through an opening in the barrier and in to the side of my car. The barrier is one of the scaffold bar types which has large openings. Getting out to inspect my car I find a nasty gouge that will sadly require body shop repair.

 

My contention is that Waitrose, the local authority or in fact both parties have a duty of care and that duty of care has been breached. I believe this to be the case because the purpose built trolley bay does not adequately contain trolleys which in turn exposes car park users vehicle's to risk of damage.

 

I would be very grateful for any thoughts on this matter.

 

Kind regards,

 

timetoshine

[yorklass2009]

I'm sure it will quite clearly state on any entrance to any car park (council managed or otherwise) that you park at your own risk?? I'm sure someone with more knowledge than me can clarify

[sailor sam]

I would of thought that as you actually saw the person who was in 'control' of the trolley at the time, that you would of held them responsible? It could be because of their actions that the trolley ended up hitting your car. That perhaps would of been the most easiest avenue for you to go down. The alternative is to prove that there was negligence on either the land owner or the trolley owner or both.

 

BTW, any 'at your own risk' signs do not necessarily mean that the person or company that erected the signs, can not be held liable.

 

Please Note

 

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[Sidewinder]

The duty of care sadly only extends to the store/local authority or the actions of their staff - the design of the trolley corral is almost certainly outside of their liability.

 

Know how you feel though - happens quite a lot to my car

[timetoshine]

I would of thought that as you actually saw the person who was in 'control' of the trolley at the time, that you would of held them responsible? It could be because of their actions that the trolley ended up hitting your car. That perhaps would of been the most easiest avenue for you to go down. The alternative is to prove that there was negligence on either the land owner or the trolley owner or both.

 

BTW, any 'at your own risk' signs do not necessarily mean that the person or company that erected the signs, can not be held liable.

 

Please Note

 

Hi and thank you for your comments. I was actually away from the car at the time of the incident. My apologies, I should have been more specific. My partner and I had been for a drive, I dropped her off at Waitrose to pick up a few bits whilst I waited with the car. During that time, I decided to get out of the car and stretch my legs and it was at this time that it happened. I witnessed but could not get back to the chap before he had driven off. I was half tempted to take off after him but how far do you go???

 

I have ventured back to the car park and there is not an 'at your own risk' sign in sight - and no I haven't taken them all down as my friend jokingly accused me.

 

Fortunately, I took lots of photo's and noted the registration of the offender's vehicle.

 

I think the first thing I need to do is get some knowledge on who owns what and who is responsible for what. The most annoying part is that the car will have to be painted whether I have any success or not.

 

Thank you all for your feedback, it really is very much appreciated.

 

timetoshine

[crem]

If the trolley bay is purpose built to contain the type of trolley that damaged your car, then I think I would disagree with the comments above and say I think their "duty of care" does extend to the fact that shoppers (i.e. the guy you saw in this instance) can reasonable expect to deposite a trolley in the bay without having to check it is correctly contained within, and drivers (i.e. you in this instance) can reasonably expect to park near the bay without having to check that trolleys can't purtrude from the bay.

 

I would challenge Waitrose or the council (whichever was responsible for designing and installing the bay) that they failed to protect your car by mis-designing the bay.

[timetoshine]

If the trolley bay is purpose built to contain the type of trolley that damaged your car, then I think I would disagree with the comments above and say I think their "duty of care" does extend to the fact that shoppers (i.e. the guy you saw in this instance) can reasonable expect to deposite a trolley in the bay without having to check it is correctly contained within, and drivers (i.e. you in this instance) can reasonably expect to park near the bay without having to check that trolleys can't purtrude from the bay.

 

I would challenge Waitrose or the council (whichever was responsible for designing and installing the bay) that they failed to protect your car by mis-designing the bay.

 

Hi Crem, thanks for your comments and your advice.

 

Further investigation reveals that although the car park is owned by the council, the trolley bays are clearly marked by Waitrose signs. This to me implies that they are responsible for them. I have written to the store manager essentially explaining what happened and stating that I believe Waitrose have been negligent. I have made my argument on the basis that if they are to provide shopping trolley bays then they must ensure that they are fit for purpose, just as the same as they have to ensure that the store is safe.

 

I have written a rather hefty but very business like letter loaded with photographic evidence so I shall update when I hopefully receive a response from them. I am prepared to go all the way with this one so could turn out to be quite an interesting case....

 

Watch this space as they say....

 

timetoshine