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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Hi On Saturday a shopping trolley operator in Tescos at Lakeside

Resolved Question:

Hi On Saturday a shopping trolley operator in Tesco’s at Lakeside Essex stopped me as I got back to my car. He said he had witnessed a customer leave his (full) trolley unattended and the wind slammed it into the side of my car causing 2 dents.
He gave me his name, and the Reg no of the person’s car who caused the damage. The Reg no is P111 KGB. I have looked at the on line insurance data base and that number shows as uninsured (if that’s the correct number). Tomorrow (Monday) I will contact the DVLA to see if I can get the name and address of the driver ( I don’t have the vehicle make / colour). I have not got an estimate of the damage as yet, but assume it will be around £500 at the main dealership. Given the (old) reg no of the vehicle, it seems unlikely that I will get any compensation from the driver. I do not want to claim under my insurance as although I have protected no claims bonus, a claim usually results in addition premium anyway.
My question is, can I get Tesco’s to pay for the repair as their trollies have no, or ineffective brakes. So rather than blame the driver, blame Tesco’s for the damage?
Kind Regards ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

I am sorry but they are not. There is no way around it. They are not responsible for the actions of third parties even on their property.

It's no more complicated than that I'm afraid.

The only time you can claim from a landowner is if they are actually a bailee of the item - like a garage that offers that a car will be kept within secure premises. That is not Tesco's position.

I'm very sorry but that's your position.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

"They are not responsible for the actions of third parties even on their property."


My point is that the damage was not because of a third party's actions, but because Tesco's provide 'unsafe' trolleys. The trolley was left while the driver opened his boot, and the wind blew the trolley, because it has no safety brake. What if the trolley hit a pram with a child in it?

Expert:  Jo C. replied 2 years ago.
I'm really sorry but Im afraid I cannot agree that amounts to negligence.

They do not represent that the trolleys have brakes upon them.

A careful person would not have left it unattended as this person did. He is responsible rather than Tescos.

The analogy with a child does not apply because that was not the position here but even if it were it would still not change the liability issues. A trolley could hit a number of things. Whatever it hit would not alter liability.

This damage was caused by the actions or inactions of a third party by leaving it unattended and Tesocs are not responsible for that.
Jo C., Barrister
Category: Law
Satisfied Customers: 69793
Experience: Over 5 years in practice
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