LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Car Accident with Parked Supermarket Trolley - Am I Liable?

Discussion in 'Insurance Law Forum' started by Melanie6070, 5 November 2014.

  1. Melanie6070

    Melanie6070 Member

    Joined:
    5 November 2014
    Messages:
    1
    Likes Received:
    0
    I had just done some shopping unloaded my trolley and parked the trolley against the side of the building, which was 2.5 metres away from any parked car. My trolley was stationary, but as I walked away and was 1/2 way across the road the wind blew the trolley the car length of my car plus the 2.5 metres width and hit the car that was paralled parked in front of me. I ran back and took the trolley away from the car.

    The owner of the car has my details, am I liable for this? There was a small dint and a small scratch following the car accident.
     
  2. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,722
    Likes Received:
    403
    I would think so, yes.
     
  3. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi Melanie,

    Like Tim said, strictly speaking, yes you may be liable. This may constitute trespass to property (i.e. the car) causing damage and the owner may be able to sue you for the cost of repairs. They may need to argue that you were negligent in not securing the trolley which caused it to hit their car.
     
  4. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,722
    Likes Received:
    403
    The two questions are:
    • are you liable for the damage, and
    • how much money will it take to make good the damage?
    You have a general duty at law to
    take reasonable care to do all you practically can
    to ensure that your acts or omissions
    (that is, either things you do/did ("acts"),
    or things you should do/ should have done, but didn't ("omissions") ,
    do not cause harm.*

    ---------
    * the meaning of "harm" can include (but is not limited to)
    economic loss, or damage (such as damage to a car),
    or injury (physical or non-physical)
     

Share This Page

Loading...