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

[Melanie6070]

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.

 

[Tim W]

I would think so, yes.

 

[Sarah J]

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.

 

[Tim W]

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.*

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* 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)