North Freedom, Wisconsin
Not resolved
8 comments

MENARDS ducks parking lot liability from their shopping carts -

I was shocked to hear that Menards refused to cover the damage to my vehicle after one of their shopping carts blew out of the cart corral (which has no barrier for containment).

It's hard to believe a property owner the size of Menards won't admit to liability for damages occurring on their property from obvious negligence. Without barriers for containment to the corral, this cart caused enough force for a sizable. If it had hit a child or someone in a wheel chair, there would have been a hospital visit as a result. I have spent a lot of $money at Menards over the last 10 years but will be spending $0 for the rest of my life!

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Anonymous
#1062476

As an update to this. I sued Menards in small claims court and won.

They paid for my damage. All store chains have insurance for parking lot incidents. They just don't want to file claims that may force their rates higher including cart corrals without barriers to prevent "runaways".

P.s.

To those who are weak minded.

Just because you post a sign that says your not responsible doesn't mean you are not responsible. I won my suit based on those merits.

Anonymous
#1062430

Their employee hit my truck with forklift and they are denying liability!

Anonymous
#507177

You think having a menards cart that excaped from the corral damage your car is bad, try seeing what happens when the car itself is stolen from a menards parking lot. About a year ago I discontined my employment at a menards store after being a victim to auto theft.

The store is located in a neighborhood far differnt then mister rogers or sesame street, so shoplifting and even employees being mugged leaving the store at 10 at night is considered "typical" However in my situation I parked in the rear of the lot within the blue stripes spaces employees must park in however always tried to park near a overhead light pole and in plain view of the store enterance. However one night after the closing shift ended i found my car to be gone. I returned to the store and enformed the store manager and store security and they argued back and forth 10 minutes blaming the other. The manager was considerate enough to review the store security with me of where i parked my car and saw the suspect enter and drive away within 45 seconds while 2 employees were in the backround pushing in a huge row of cards.

This occured 45 minutes prior to sunset. Prior to the auto theft we saw the suspect enter the store on the video and shoplift a screwdriver to pry the door lock and ignition. The real shock to me was the manager changed his focus from an empolyee being an auto theft victim due to the hired store security dropping the ball to instead worryind about the missing $3.00 screwdriver. I discontined my employment in june of 2011 due to the way the situation was handled with the typical "pass the buck" procedures menards uses.

No apoligy for my car being damaged and having to be junked, nor for management taking proper procedure in a high risk crime area or to educate employees or to get security who protects the packing lot as well as the exit door. Other concern i had was a week later when i went to collect my paycheck the only people who knew about the theft were the employees who were working the night it occured. When other employees came up to me and ask what happend to me the last few days i told then and they appeared scared as well as upset management choose to keep the event under the table.

I understand a 1997 dodge neon with 170,000 miles has a low value, especially after the locks are pryed open and suspect takes it on a joyride ending in hitting a fence 10 miles away however there is no need for rude or sarcastic coments to be left on here. I found a new job with much higher pay in weeks, with much better raises then 10 cents every 6 months and best of all im off this holiday instead of being forced to work 10AM to 8PM facing endcaps and downstocking.

Anonymous
#507157

If Menards took on responsibility for that then people would just lie and say that about their *** cars to get free work done on it. You can't tell me there wasn't optional parking away from the corrals, you chose to park there with obvious risk involved.

Anonymous
#635808
@It's called thinking

You are shallow minded. You must represent menards.

My car was parked away from corrals and due to limited and poorly placed corrals my vehicle was slammed by a cart that traveled over 85 yards somewhat downhill and caused 1000.00 dollars of damage. The cart was propelled by a 30 mph prevailing wind which was forecasted for the whole week. Menards has no intention to honor their negligence.

They have lost me as a customer and any one that I know will be informed of their total disregard for their customers. Also I happened to be in the vehicle when it was hit

Anonymous
#506298

"There's two things going on here:

1) Ethical/moral responsibility

2) Legal responsibility

Ethically, the supermarket isn't responsible. If you truly think the supermarket is ethically/morally responsible for one of their patrons damaging your car with their cart, I suggest you consider a tune-up of your moral compass. They provide shopping carts - it's the cart user's responsibility to use it properly.

Legally, you're on some gray area, but it's probably less grey than you think.

Your statement is: "Said damage would have happened on their property, inucrred by their equipment, and the supermarket has made the decision to leave their carts in the parking lot."

Here's where it's gray. IANAL, but let's take a look at this anyway. If there is a law that says damage occurring on your property as a result of your equipment is always your fault regardless of who the "equipment user" is -- and I'm not sure that the law says this -- you now move to "interpretation" of law, and "spirit" of law.

HYPOTHETICAL: Let's assume, for the sake of argument, that no "cart corrales" were installed for people to use, and that a cart left adrift was blown hard by the wind into someone's car and scratched it (the only way I can imagine a stray cart really doing damage).

I am rather confident, despite not being a lawyer, that if this were a law, a Judge would ask "Did the supermarket or store in question make reasonable efforts to periodically retrieve carts?"

If the supermarket can say "yes, every 10 minutes someone rounds them up", it's up to the Judge to interpret if that's a reasonable precaution to prevent damage. If it is, and the cart was blown into a car within this short timeframe, the Judge could and probably would rule that the supermarket "did what it could within reason to keep the parking lot free of stray carts."

I don't know, however, that there is such a law. Even if there is:

1) I find it rather hard to believe that someone would win a lawsuit against a store claiming it's their responsibility for the wind blowing a stray cart into a car.

2) No, having a sign claiming they're not responsible does not indemnify them. I think sanity and reason, however, do indemnify them in most cases (if their employee bashes your car with their cart, though, that's different).

posted by twiggy at 11:34 AM on May 17, 2006"

Found this guy's post after using this thing called "Google"

Anonymous
#505965

Oh I bet he is serious. All *** people are serious and this individual is clearly ***.

All major shopping centers label in their parking lots cart damage to vehicles is not their problem. It's the customers problem and they park their at their own risk.

Anonymous
#505867

You can't be serious.