VIC Abandoned Shopping Trolley Damaged Car - Is Costco Liable?

[Ray Smithson]

I was parked in a street loading zone (perhaps illegally) outside buildings which were not owned by the supermarket (and some distance away), when a strong gust of wind pushed an abandoned supersized Costco shopping trolley into my car (plenty of witnesses). Does Costco have any liability?

 

[Sophea]

Dear Ray,

Negligence and liability for negligence only arise when someone fails to warn of or take steps to prevent a foreseeable risk of harm. I cannot think of anything Costco could have done to prevent one of its trolleys from colliding with your vehicle and I very much doubt they would be found liable for something like you have described.