Rochester, New York, Shopping Cart Collision Injury Lawyers

If A Defective or Inherently Unsafe Shopping Cart Has Injured You, The Dietrich Law Firm P.C. Could Help You Secure the Compensation You Need to Reclaim Your Independence.

Shopping carts might be a consumer convenience, but they are not always designed, manufactured, or used with consumer safety in mind. While few Americans might see shopping carts as a potential source of danger, accidents have been on the rise for decades. Although many of these injuries are minor and require little treatment beyond verbal assurances and home care, every accident is different; some are devastating. Each day, shopping cart-related falls send 66 children to emergency departments, with injuries including broken bones, traumatic brain injuries, and even death.

Young children and older adults are at the highest risk for shopping cart-related accidents. However, carts pose risks to New Yorkers of every age. Poor product design, inadequate maintenance, and even operator negligence could result in catastrophic accidents and life-changing injuries. In the aftermath of an unexpected Rochester shopping cart accident, you might feel that you have few options for recourse. Fortunately, state law allows accident victims to take wrongdoers to court. Even if the supermarket has told you that they cannot be held liable for a cart failure or another shopper’s reckless act, the Dietrich Law Firm P.C.’s experienced attorneys could help you prove that the store’s negligent policies jeopardized your safety. Please send us a message online or call us at 585-939-3939 to schedule your initial, no-cost consultation as soon as possible.

Shopping carts are a common sight: researchers believe that anywhere between 20 million and 25 million sets of shopping carts are present on retail floors at any given time, with the average American grocery store owning 200 to 250 consumer carts. While shopping carts might be a ubiquitous feature, found everywhere from the Walmart Supercenter on Hudson Avenue to the Rochester Public Market, this same ubiquity drives their potential danger. Shopping cart accidents could occur when:

1. Shopping Carts are Poorly Designed: Most shopping carts include seats for children. While shopping cart manufacturers have a legal obligation to ensure that such seats do not unreasonably endanger their young occupants, experts believe that many child safety seats are improperly designed, increasing the likelihood that the child could be injured if the child falls from the shopping cart or the shopping cart tips over.
2. Shopping Carts are Mismanaged by the Store: New York law requires that property owners maintain premises free from unreasonable and unexpected hazards. The Empire State’s property liability laws extend to property features, including shopping carts. If a supermarket, mall, or other commercial business fails to repair or remove defective carts, they could be found liable for any resulting accident injuries. Similarly, a business could also be found liable for accident-related injuries if they fail to properly manage unused shopping carts in store aisles, parking lots, and other publicly accessible spaces.
3. Shopping Carts are Negligently Operated: Even the best-designed shopping cart is only as safe as its operator. When people use shopping carts for anything but their intended purpose, they exacerbate the risk of injury—to themselves and everyone around them.

The risks of shopping cart-related accidents are not borne equally, with the following groups most likely to suffer serious injuries:

1. Children Under the Age of 5: Young children are injured in shopping cart-related accidents at disproportionate rates because they are the most likely to be seated inside the shopping cart’s child seat. When defective or improperly maintained shopping carts tip over or otherwise fail, the child could fall from the seat or remain trapped inside the cart as it hurtles to the ground, sustaining serious injuries upon impact. However, children could also be injured if another negligent consumer strikes the cart they are seated in with their cart.
2. Adults Over the Age of 65: Older adults could be injured by shopping carts if they are improperly maintained, unbalanced, or otherwise defective or if they slip and fall on another unrelated obstacle inside the property while operating a shopping cart.

A shopping cart accident could cause injuries including but not limited to: severe bruising, cuts and lacerations, broken or fractured bones, traumatic brain injuries, and wrongful death. While a broken bone or traumatic brain injury could jeopardize a working adult’s ability to provide for themselves and their families, children and senior citizens face increased risks of disabling and potentially life-threatening injuries. Even if your family has a comprehensive health insurance plan, you could still find yourself responsible for tens of thousands of dollars in out-of-pocket costs—costs that your provider might refuse to reimburse, whether because your plan has high co-pays or because the adjuster deemed treatment medically unnecessary. However, you do not have to accept the high costs of medical treatment as an unfortunate and unavoidable consequence of being involved in a shopping cart accident. New York law entitles you to file a personal injury lawsuit for recompense. The Dietrich Law Firm P.C. could help you recover damages for:

1. Your past, present, and future medical expenses;
2. Physical rehabilitation;
3. Prescription medication co-pays;
4. Physical therapy;
5. Mental health counseling;
6. Lost income from work due to injury;
7. Lost income from work while taking care of a loved one;
8. Diminished earning potential;
9. Emotional pain and suffering;
10. Loss of enjoyment;
11. Loss of consortium;
12. Disability;
13. Disfigurement; and
14. Wrongful death.

New York does not currently cap the damages you could receive after filing a personal injury lawsuit. While the Empire State allows shopping cart-related accident victims to obtain the compensation they need to reclaim their independence, securing a fair settlement could prove a challenge, especially if the supermarket, shopping center, or another consumer refuses to admit liability.

When shopping cart manufacturers, supermarkets, and consumers derelict their duty of care and injure another person by acting negligently, they could be responsible for the victim’s damages. For decades, the Dietrich Law Firm P.C. has striven to provide unparalleled personal injury service—and we have the results to show for it. We have helped our clients secure more than $175 million in damages from reckless businesses, irresponsible consumers, and insurance carriers. Please call us today at 585-939-3939 to speak to a legal professional and schedule your free, no-obligation appointment.

Call the Dietrich Law Firm P.C. immediately at 585-939-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Rochester, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!