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Supermarket Trolley V Lexus


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Hello LOC Members !

Was leaving Tesco's earlier this summer when CLANG, a trolley which was blown by the wind from outside the maiin entrance, dented rear door of Lexus. (Repair estimate = £240.)

I went to Customer Services and a Vehicle Damage Form was filled in. After three phone calls over next few weeks, I got a letter today saying, in effect, "Your problem, mate, you park at your own risk".

I maintain Tesco is negligent, not least as as their trolleys are not fitted with brakes.

My question is this:

Has anyone successfully pursued such a claim against Tesco, or know anyone who has ?

Thanks

- The Bean of Jelly

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"you park at your own risk".

I suspect Tesco's may be right here. Most supermarkets have signs up all over their carparks stating "Owners park at their own risk, we can't be held responsible for theft/break-in's/damage...blah blah blah" or something along those lines.

I know its not what you want to here, but I think its you who will be paying for the repairs. Sorry.

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Not sure here since the damage has been done by a Tesco owned trolley without interference of a 3rd party. I'd phone a Lawyer and ask what your chances are.

I guess it also depends who owns the car park. The car park outside Tesco does not necessarily have to be their property.

Good luck.

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I'd phone a Lawyer and ask what your chances are.

You should be able to find a law firm to handle it on a "no win no fees" basis.

Any business (not just a supermarket) has a clearly defined duty of care when it comes to keeping the public safe from harm, as I understand it the fact that a sign says they don't take responsibility means diddly-squat if they are in breach of said duty of care.

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I suggest you kick up a massive stink about it - get the local press involved etc. etc. Make the point that you'll get your £x,000 worth of annual shopping elsewhere. Most likely they'll pay up as a "one-off goodwill gesture". To them, adverse publicity will be the lesser evil.

Keep us posted...

:unsure:

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The Tesco in Cheltenham had a problem a few months back where they installed a speed bump on the entrance to their car park which was too high and many people scraped their exhaust while going over it.Two people wrecked their exhaust on it and complained to Tesco and made a big fuss in the local papers, threatening to boycott the store and get all their shopping from Sainsburys in future. Tesco denied liability and basically told them to get stuffed. The speed bump was later reduced in size but the customers with damaged exhausts still got nothing.

I think you need VERY BIG POCKETS to even try to take on Tesco-and I don't think they are the type of company to be bothered by bad publicity.

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I'm joining in!

Do you have motoring legal protection policy on your car insurance or house insurance? If so give them a call and see what they say as it will cost you nothing to find out.

I once complained to Tesco and wrote directly to Sir Terry Leahy the chairman not only did I receive a personal call from his secretary apologizing for the delay in replaying as "Sir Terry was away" but then received a personal reply from the man himself with £20.00 worth of store vouchers.

It might be worth a try but don't accept an offer of "Tesco Value Car Repairs!"

"Tesco every trolley hurts!"

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I think you need VERY BIG POCKETS to even try to take on Tesco..

Yes, I am very aware of this point. I think I will try a bit more, be a bit of a nuisance, on the lines that the negligence of their trolley-collectors has meant they have breached the duty of care to their customers. I wonder what their position would be if the flying trolley had felled an old lady/couple of toddlers/a pregnant woman ?

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Those signs warning you they are not liable for this/that/the other isn't a "get out of jail free card" where it comes to the law. It is like shops who put up signs saying no returns for sale goods - if they are faulty then tough, the law is on your side. So

What would happen if you just drove into Tesco car park and hadn't got out of your car to read the sign? If you haven't had chance to read it how can any contract be made?

Anyway, good luck to you.

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Don't we have any lawyers as a member? I'm sure some of the ls 460 or 600h owners went to law school ;)

I only have an LS400 so my learn'd friend I rest my case. :whistling:

Lexus v Tesco

im not legally minded but i think that;

* if a person or company purchases hundreds of wheeled trollies,

* without brakes or other means of stopping them traveling around freely.

* knowing that their some of their customers will leave them outside unattended.

* where they are free to roll about

* sometimes at the will of wind or gravity

* in a place where hundreds of thousands of £s of other peoples cars are parked

* does not employ enough staff to collect said trollies to return them to a safe area

then they should be held responsable for any damage caused by their trollies.

It would seem to me that Tesco know that their trolleys will be left outside in windy conditions and that at some time, someone elses property will be damaged.

My point is that they know that it will happen and they should take steps to mitigate the danger.

Try leaving your car parked outside Tescos front entrance with the handbrake off. (just summising here, not a suggestion)

When it rolls into the store crashing through the front entrance door who do you think will be to blame?

Probably the fool who left an unbraked, wheeled vehicle unattended.

I think that it is shoddy that supermarkets treat customers in this way. If your golf trolly or your little daughters toy pram rolled into the car of Tescos Chief Executive im sure me would hold you responsable to pay for the damage.

PS. i am in no way suggesting the anyone should leave their vehicle unattended without applying both the hand brake and park brake.

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I'm not sure that you can avoid liability simply by putting a sign up.

Fair enough, theft from, car stolen, crashed into by another car or person can hardly blame Tesco but I would think that one of their random 'heat seeking' trolleys is a different matter. :) :D

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Don't we have any lawyers as a member? I'm sure some of the ls 460 or 600h owners went to law school ;)

I only have an LS400 so my learn'd friend I rest my case. :whistling:

Lexus v Tesco

im not legally minded but i think that;

* if a person or company purchases hundreds of wheeled trollies,

* without brakes or other means of stopping them traveling around freely.

* knowing that their some of their customers will leave them outside unattended.

* where they are free to roll about

* sometimes at the will of wind or gravity

* in a place where hundreds of thousands of £s of other peoples cars are parked

* does not employ enough staff to collect said trollies to return them to a safe area

then they should be held responsable for any damage caused by their trollies.

It would seem to me that Tesco know that their trolleys will be left outside in windy conditions and that at some time, someone elses property will be damaged.

My point is that they know that it will happen and they should take steps to mitigate the danger.

Try leaving your car parked outside Tescos front entrance with the handbrake off. (just summising here, not a suggestion)

When it rolls into the store crashing through the front entrance door who do you think will be to blame?

Probably the fool who left an unbraked, wheeled vehicle unattended.

I think that it is shoddy that supermarkets treat customers in this way. If your golf trolly or your little daughters toy pram rolled into the car of Tescos Chief Executive im sure me would hold you responsable to pay for the damage.

PS. i am in no way suggesting the anyone should leave their vehicle unattended without applying both the hand brake and park brake.

Thank you for these thoughts. I understand if I am to have any success in this, I have to prove negligence by Tesco. Well, I dunno who else was to blame !

I am wondering whether to ring my insurance company to see if they can offer me any advice - no claim to be made as my excess is twice the repair estimate.

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Have you asked them if you can have a copy of the CCTV?

I did that and they gave the rather shifty answer that they probably didn't have the required footage as they constantly rotated the places where they operated the CCTV. Should have pushed harder of course.

When I thought about this later, I realised theirs was not really a feasible response as prang happened right outside their cash machines, where people had lost money recently thanks to some illicit recording device fixed to the dispensers - so they must surely monitor such an area 24/7.

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  • 2 weeks later...

Hi everybody,

I'm a new member, I haven't got a Lexus LS400 at present, but I'll get to that in another thread.

If I can add my twopennyworth, any disclaimer notice whether it be on a notice board or on a letter is legally of no value. I have some experience in this kind of thing, having successfully sued the London Airport Authority some twenty five years ago when a family member slipped and seriously damaged their leg and also an accountant who's bad advice gave me problems with the Inland Revenue. Remember on any accountant's letter he will have a disclaimer to the effect: 'these accounts are based on information supplied by they client'.

That's why accountants have an insurance policy against being sued for negligence (about £2000 annually), so you see these notices are to put you off.

Don't be put off, if you want my advice, write again to their head office and mention you are seeking legal advice. What would have happened if the trolley had knocked an old person down and injured them? Or you may have had to brake suddenly upon seeing the trolley and caused an accident. The scenarios are endless. There are employees to collect these trolleys.

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Tesco care about nothing.

They employed parking attendants to man a council owned car park in shropshire where the store was. The locals kicked up a big fuss, so did the council.....it was in the papers, but a year down the line and the attendants still patrol & issue tickets.

Maybe tesco gave the council a backhander or threatened to abandon the small town...who knows

But do you think Tesco's insurance company would pay out if the 'wind' accidently blew the trolley thro their own window?

Do you think they'd pay out then....i think so, so whats the difference in the 2 mentioned 'accidents'?

Im suprised they havnt done you for damaging thier trolley :winky:

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I physically caught a trolley that was rolling towards my car as I was leaving asda the other day.

Watched the idiot throw the trolley into the bay... to which it then rolled out of slowly and gathered speed... rolling towards my car with me in it as I sat waiting in line to exit.

Rolled down my window... reached out my hand and caught the trolley before it collided with my pride and joy.

Close call... would have slammed the car behind me and has taught me to expect the worse in supermarket car parks

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