When It Looks Like a Shopping Cart Caused Serious Injuries
The numbers might astound you. The United States added safety standards to shopping carts back in 2004. Nevertheless, the Journal of Clinical Pediatrics reports that a significant number of children continue to suffer serious shopping cart related injuries. In fact, from 1990 to 2011, an average of 24, 113 children under age fifteen were seen in the emergency room for injuries related to a shopping cart accident.
According to statistics, the head is often the most injured in incidents involving shopping carts. No doubt this is because a great many incidents involve a child falling from the cart. Head trauma can mean concussion or traumatic brain injury. Additionally, some shopping cart accidents have resulted in fatalities.
Although a number of these incidents occur in grocery carts, the accidents may happen in any type of retail establishment. Obviously, big box stores and department stores offer shopping carts for customer convenience.
Making a Claim for a Shopping Cart Accident
Keep in mind that there are basically two types of shopping carts. In most cases, supermarket cart accidents involve young children. However, some stores also offer disabled people the convenience of motorized shopping carts. Injuries can also occur on these types of mechanically operated carts as well.
No doubt you are wondering how a shopping cart accident can result in a personal injury claim. Although the majority of injuries related to these types of incidents involve a child falling out of a cart, other scenarios may also cause harm. These include:
- Shopping cart tip overs
- Extremities become entrapped in the shopping cart
- Motorized cart cannot stop and throws passenger
- Motorized cart runs into another person
- Cart runs over another person
- Shopping cart straps were broken or ineffective
When you attempt to make a personal injury claim involving a shopping cart accident, your claim invokes the laws regarding premises liability. The owner of the place that provided the shopping cart has certain duties to its guests. (In this case, shoppers are guests.)
Shopping Cart Accident: Premises Liability
First and foremost, the owner of the shopping carts has a duty to ensure the shopping cart or motorized cart is safe. If there are problems with the cart, its strap or even its wheels, you may have been provided with an unsafe cart. In short, the cart may represent an accident waiting to happen.
However, that’s not enough. There must be proof that the owner knew of the unsafe condition and failed to make changes to comply with safety requirements. Additionally, there must be evidence that the negligence actually caused the injuries. Lastly, there must be demonstrated proof of damages. You cannot recover in a premises liability case unless you are actually injured.
In rare cases, a products liability case may arise as a result of a shopping cart accident. This would be more common with motorized carts wherein there might be a design flaw.
At the Law Offices of Anthony Carbone, we have many years of experience handling personal injury claims. Even if you are not sure if someone else is responsible for your injuries, we can help by reviewing the circumstances of your accident. Please call us to set up an appointment as soon as possible.