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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70289
Experience:  Over 5 years in practice
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Went to our local country store to pick up shopping.The car

Resolved Question:

Went to our local country store to pick up shopping.The car park is quite steep and the trolleys are fitted with brakes,as I was unloading the trolley it took off down the car park and hit a parked car causing £1600 pounds of damage.The store have admitted that the brakes on the trolley were defective but say that I am liable for the damage to the car.Who is liable ?
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 presume the parked car is owned by a third party?
Customer: replied 2 years ago.
Car is owned by an employee of the company
Customer: replied 2 years ago.
Sorry but not really familiar with this,do I wait for an answer or will you email me ?
Expert:  Jo C. replied 2 years ago.
I am sorry but you are liable I'm afraid.
There is no way around it. Come what may, you were controlling the trolley at the relevant time. I realise they may be fitted with brakes and that might indicate there was a fault but either way you are under a duty to take reasonable care and a court may think that think was no properly secured.
£1600 does seem rather high but I suppose I haven't seen the damage.
If you can evidence the fact that the trolley has faulty breaks then you could sue the store in negligence in an attempt to recovery something although they may argue that you have suffered pure economic loss and your failure to secure the trolley amounts to a break in the chain of causation. It depends how well advertised the presence of brakes were.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
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