Some jerks threw a trolley of a bridge... Hit my parked car.

[lucas2]

Originally Posted by danzvtil

Its like having a brick thrown thru your windscreen and trying to sue boral for not keeping their bricks in a secure environment. Pointless.

The only way your insurance will categorize this is " Parked Damage-Responsible Party Unidentified"

What if it happened in the car park out the front of Boral?

[mac_man_luke]

Polish and PDR would fix that 99%

[GT0132]

Originally Posted by timeout

there is usually a sign up also saying enter the carpark / this facility at your own risk.

Be interested too see if they pay anything or point to the disclaimed.

good luck

Those waiver of liability notices are only effective if the consumer knew about it. Even if there was a sign at the entry to the car park it's irrelevant because the OP didn't enter the car park. He wouldn't have known about the notice. In any event the writing on the notice could only apply while the car is in the car park, not on a public street.

If it happened after hours and the trolley was in close proximity to the supermarket then you could argue the shop had a responsibility to recover its trollies from all streets within an x metre radius and lock them inside its premises before it closed.
but then that's probably a long bow to draw.

What if a bogan picks up a rock from the garden of a nearby resident and uses it to smash your windscreen. Who would be liable then? I'd say not the resident but the bogan who caused the damage by throwing the rock.

My guess is that the supermarket may come to the party as a matter of good will and pay for the damage even though it probably isn't liable to do so.

This kind of thing is likely to happen if you park your car near a shopping centre overnight on a Friday or Saturday night under a bridge in a rough suburb.

Good luck with it.

[XB GS 351 Coupe]

Love how everyone is looking to blame the people who have no control over it, how can the supermarket be held liable for the damage?? They did not cause it.

So someone takes a brick from your front yard and throws it through your neighbours window while you are in bed asleep, how would you like to be held responsible for that damage??

Would hardly seem fair that you shell out to repair the damage.

[lucas2]

Originally Posted by GT0132

If it happened after hours and the trolley was in close proximity to the supermarket then you could argue the shop had a responsibility to recover its trollies from all streets within an x metre radius and lock them inside its premises before it closed.
but then that's probably a long bow to draw.

This kind of thing is likely to happen if you park your car near a shopping centre overnight on a Friday or Saturday night under a bridge in a rough suburb.

Good luck with it.

It's a tough situation to determine who is liable, apart from the actual idiots who did it in the first place. Supermarkets have trolley contractors to collect trolleys, however they are not there 24/7. The supermarkets are generally understaffed as it is and certainly would not make a 15 year old female go out, alone, into a car park to collect trolleys at night.

[XB GS 351 Coupe]

Originally Posted by lucas2

I think the supermarket may be held responsible. This stuff happens often. Imagine your car gets stolen and then hits another car..who's insurance pays? Most likely your insurance will. Taking the trolley out of the premises (car park) is theft. The supermarkets have insurance for this kind of thing.

Taking a trolley from a car park is not theft, how many people do you see getting charged for taking a trolley out of the car park??

Does not meet the proofs required to charge someone with theft.

[lucas2]

Originally Posted by XB GS 351 Coupe

Taking a trolley from a car park is not theft, how many people do you see getting charged for taking a trolley out of the car park??

Does not meet the proofs required to charge someone with theft.

What is it then? So it's okay to take trolleys from the supermarket premises and not return it? I have heard of people who use small trolleys for their washing at home, is that okay? What would be the proofs required? I assume from your posts that you are/ were in law enforcement or have an affiliation with law enforcement (I have much respect for police officers)

As defined in the Victorian crimes act 1958:

" A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it."

"A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of regardless of the other's rights; and a borrowing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal."

[GT0132]

Originally Posted by lucas2

What is it then? So it's okay to take trolleys from the supermarket premises and not return it? I have heard of people who use small trolleys for their washing at home, is that okay? What would be the proofs required? I assume from your posts that you are/ were in law enforcement or have an affiliation with law enforcement (I have much respect for police officers)

As defined in the Victorian crimes act 1958:

" A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it."

"A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of regardless of the other's rights; and a borrowing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal."

There's probably a distinction that needs to be made between (1) merely, taking a trolley out of a shopping centre to load your vehicle because it happens to be parked a few blocks away(for example) and (2) taking it all the way home, with no intention of returning it. The latter being more akin to theft than the former.

[lucas2]

Yes I agree ^ IMO the intention and act of returning it wouldn't be an issue.

Regardless I think the thread is being derailed slightly, apologies to the OP. I hope the issue gets sorted and works out in your favour.

[XB GS 351 Coupe]

Originally Posted by lucas2

What is it then? So it's okay to take trolleys from the supermarket premises and not return it? I have heard of people who use small trolleys for their washing at home, is that okay? What would be the proofs required? I assume from your posts that you are/ were in law enforcement or have an affiliation with law enforcement (I have much respect for police officers)

As defined in the Victorian crimes act 1958:

" A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it."

"A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of regardless of the other's rights; and a borrowing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal."

Yep you hit the nail on the head, for someone to be charged with stealing, they must have the INTENTION or STATE OF MIND (They must have >Mens Rea< which is legal speak for guilty mind; guilty knowledge or intention to commit a prohibited act) to keep the item and/or to permanently deprive the owner of said item ie sell the item on or give it as a present or keep it or similar.

Using the trolley to take your shopping home or to your car parked down the road a bit and dumping it on the street is NOT stealing, as there is no intend to keep the item. It's not the right thing to do, but it's not stealing according to the law and/or courts.

Taking the trolley home and start using it for your washing, fire wood etc or to store stuff then it could be considered stealing it.

In similar circumstances if you lend your mate your car to go up the road to buy smokes, and he does not return it, but does a 4 week around Australia trip in it, the car is not actually stolen as you 'gave' him the car, and you would need to sue him under civil law for a breach of your agreement, but not criminally for stealing, gets very interesting with all the loop holes in the system.

[2011G6E]

I believe Indonesia knows how to deal with people who do things like throw a bloody trolley onto your car...what sort of "bored" little idiots think that's fun...?

Took this photo a few months back...I had to climb in the passenger side of the car...and right beside the trolleys is the goddamn trolley storage bay...

[buickman]

That is scary I do a recognisant of the car park for a safe place to park and never park near a trolley station or at a bottom of a downhill, Some lazy sods just leave them everywhere I would rather walk the distance than have my car dented it cost me $200 a couple of years back when my wife’s new car only a few months old got a big dent on the back door at a shopping centre.

[lucas2]

Originally Posted by XB GS 351 Coupe

Yep you hit the nail on the head, for someone to be charged with stealing, they must have the INTENTION or STATE OF MIND (They must have >Mens Rea< which is legal speak for guilty mind; guilty knowledge or intention to commit a prohibited act) to keep the item and/or to permanently deprive the owner of said item ie sell the item on or give it as a present or keep it or similar.
.

Thanks for the clarification.

[brennan.]

Originally Posted by b0son

Because they don't have to take that quote? They don't even have to take the car....

Surely they want to make a sale? Mind you some yards I've been to it seems the total opposite.

[b0son]

Originally Posted by brennan.

Surely they want to make a sale? Mind you some yards I've been to it seems the total opposite.

What does the contract say? I'm sure there's a clause re: the condition the car is to be provided in and what is to be done if it isn't as stated.

[TRAU BLAU]

So did Woollies cough up?Talk directly to the store manager & mention that you might take legal action.They don't need any adverse publicity at present cos' of business comp.from Coles etc.