Visitor Question

Liability for Hitting a Shopping Cart With a Man Pushing It?

Submitted By: Dave (California)

I was in my car driving, more like creeping very slowly through a parking lot when all of a sudden a shopper pushing a shopping cart came out from behind a stopped car.

I saw the person but was unable to stop completely before my bumper hit the front of the shopping cart. I did NOT hit the man.

The man sort of stumbled but did not fall. Then he walked over to my car and said he had a bad back and asked if I had medical insurance. I almost think this man did this on purpose.

Am I at fault here? Do I have anything to worry about? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Dave,

As long as you have automobile liability insurance you have nothing to be concerned about.

From the facts you present it would seem this “shopper” may have been shopping for more than just food!

As long as the Paramedics, Fire and Rescue, or the Police weren’t dispatched the man will have very little merit to his “case”. Even if they were dispatched, unless they were able to confirm some sort of immediate injury, the man’s case weakens even more.

If there were no witnesses, the case continues to weaken.

The shopper will find it difficult, if not impossible, to find an attorney to represent him. Medically documented bodily injuries must exist for there to be a personal injury claim.

The man’s statement about a “pre-existing” back injury will make his case fade away, as he would have to be able to prove the incident with the shopping cart either created a new injury or exacerbated his previous injury. To prove either will be very difficult.

Call your insurance company immediately. You have a duty to do so under your insurance policy. They aren’t new at this. The insurance company claims adjusters can spot a “fake” case a mile away.

Relax and have a nice day. This will pass.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 17, 2012

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