Supermarket Shopping Cart Attendant Negligence Attorney

Shopping carts are a necessity when you’re at a grocery store, but they can be a source of danger when they’re unattended or not placed in a designated area. People usually associate shopping carts with damage to their cars, which occurs frequently enough. But supermarket shopping carts can also result in bodily injury if you are struck by a runaway cart. Such accidents can be prevented by shopping cart attendants, who are responsible for gathering carts left behind by customers and retrieving them from stations that are located throughout the parking lot.

If a shopping cart attendant neglects their duty and you are injured as a result, you may have cause to sue the store for monetary compensation. This may come as a surprise to you, since it was the employee’s actions that caused your injury. To help you understand your rights, we will talk about California’s vicarious liability laws and how they allow you to sue a business for their employee’s actions.

To learn more about the legal options that are available to you, contact our office and speak to a supermarket shopping cart attendant negligence attorney.

Accidents resulting from Negligence by Shopping Cart Attendants

Supermarket hand carts are made from metal or thick plastic that’s reinforced with metal. They are also large and heavy, which is necessary for transporting many items you purchase from a grocery store. The weight and size of a shopping cart makes them extremely dangerous when they strike an unsuspecting victim. Depending on the speed that the shopping cart was traveling, a person can be knocked to the ground or off their feet.

People can also be struck by multiple shopping carts. We’ve all seen supermarket attendants pushing many carts in a row, which is certainly efficient. But it’s also dangerous if there’s no one spotting them, and one or more of the carts come loose. We’ve seen cases where shoppers were hit with a dozen or more shopping carts in the parking lot, resulting in multiple, serious injuries as well as mental health disorders like PTSD.

Another form of shopping cart attendant negligence involves mechanical cart pushers / retrievers. These look similar to hand trucks, but they’re designed to get behind a shopping cart and push a full load of carts at once. Essentially, they’re a robotic version of a human shopping cart attendant. It’s important to remember that these are machines, and human supervision is required at all times. An employee should be standing in front of the carts while the cart pusher operates from the back. If an employee isn’t paying attention or allows the cart pusher to operate on its own, it can send the carts crashing into innocent victims.
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Injuries from a Shopping Cart Accident

Supermarket hand cart injuries are more complex than most people realize. First, there’s the harm you could suffer from being struck with the cart. But shopping carts can also roll over your feet or cause you to leap out of the way, which can lead to an injury. Then, there’s the impact of the cart crashing into you, and how that can cause you to fall over. Fall-related accidents are extremely serious, as you will quickly learn if you look up slip and fall or trip and fall accidents. Being hit with one or more shopping carts can produce the same type of injuries, which include, but are not limited to:

• Broken bones
• Ankle sprain
• Wrist / hand sprain
• Deep lacerations / scarring
• Whiplash
• Spinal cord damage
• Traumatic brain injury
• Dislocated kneecap
• Torn ACL / MCL
• Broken tailbone
• Dislocated shoulder
• Broken collarbone
• Nerve damage
• Paralysis
• Coma
• Death

Many of these injuries take a long time to recover from and often require specialized treatment, like surgery and physical therapy. As a result, you may struggle to pay for medical bills and other losses you’ve suffered due to the negligence of a shopping cart attendant.

Damages from a Supermarket Hand Cart Injury Case

Considering the harm you can suffer from a supermarket hand cart accident, it’s essential to file a claim against the supermarket for your economic and non-economic damages. Through a personal injury lawsuit, you may be able to receive:

• Medical costs for current and future treatments
• Lost wages and loss of future income
• Pain and suffering
• Emotional distress
• Property damage
• Attorney’s fees
• Punitive damages

Many people assume they can only recover medical expenses, but as you can see, there are various forms of compensation that may be available to you. Our lawyers can verify which damages apply to your situation and ensure that you receive an adequate settlement award.

One of the consequences we mentioned in the “Injuries” section is death, and sadly, this is a possibility when someone is injured by a grocery store shopping cart. As we mentioned, being hit with a supermarket hand cart can have the same impact as a slip and fall or trip and fall accident. Accidents involving unexpected falls are responsible for almost 700,000 deaths every year, making it the second leading cause of accidental death, according to the World Health Organization. If your loved one or family member passed away from a shopping cart accident, you may be able to claim the following damages:

• Funeral expenses
• Medical bills left behind by the decedent
• Loss of expected wages and benefits
• Loss of consortium
• Emotional distress
• Legal fees

Money cannot make up for your grief and suffering, but it can help you pay for the costs that are associated with your loved one’s passing. Monetary compensation can also pay for mental health counseling and other services you will need in order to move on with your life.

Can I Sue the Supermarket for the Negligence of a Shopping Cart Attendant?

As previously stated, you may be able to sue the supermarket where you were injured, even though your accident was caused by one of their shopping cart attendants. This is allowed under the laws of vicarious liability, which holds employers responsible for the negligence of their employees. To sue the supermarket under these laws, the shopping cart attendant must have committed an act of negligence within the scope of their job duties. For example, a shopping cart attendant is responsible for gathering carts and placing then at cart stations in front of the store. If the employee was being careless during this task and you were hit with a shopping cart as a result, the store is vicariously responsible for your injuries.

The store may be liable for your accident in other ways, like failing to provide proper training to their employees. Or, a shopping cart attendant may have had past incidents of being careless or acting recklessly, but store management allowed him to continue working at the store. In this case, the supermarket is directly liable for a shopping cart injury under California’s negligent hiring, supervision, and retention laws. Essentially, employers have direct liability if they have a history of inappropriate or insufficient practices regarding the hiring, training, and retention of their employees.

In some cases, a history of such conduct may be seen as gross negligence, which can entitle you to punitive damages. This form of damages is awarded by the court as a way to punish the defendant and set an example to other businesses that are engaging in similar practices. While the majority of shopping cart attendant negligence claims will not qualify for punitive damages, you can be sure that we will fight for it if your case is the exception.

To get started on a shopping cart injury claim, call our office and speak to a supermarket hand cart negligence attorney.

Contact Normandie Law Firm

If you have been injured due to a shopping cart attendant’s negligence, it’s imperative to learn about your legal rights from an experienced personal injury attorney. Otherwise, you could miss out on the chance to sue the supermarket and recover the settlement you’re entitled to. Unfortunately, many people attempt to handle an injury claim on their own, which often leads to a denial of liability from the insurance company. Even when a company is willing to pay, victims are pressured or tricked into accepting a settlement that’s far below their needs.

Ensuring victory in these cases requires an attorney that’s knowledgeable about California’s employer liability laws. That’s exactly what you’ll find here at Normandie, along with the compassion and commitment you deserve as an injury victim. As a part of our commitment, we’ll accept your case for free and start taking immediate action on your claim for damages. We offer a Zero fee guarantee, which means you will never pay upfront when you choose to be our client. Our payments are factored into your settlement award, so the only way we get paid is by winning your case. If we don’t win your case, the costs are on us and you are not responsible for any of our fees.

If we sound like a law firm you’d like to work with, give us a call and schedule a free consultation.

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