Question about shopping cart seatbelts, toddlers and falls at the store.?

Question

Who is responsible if my 3 year old falls out of the shopping cart that has a broken seatbelt?

The local store I go to has around 30 shopping carts and almost every single seatbelt is broken. The way the carts are stored makes it difficult to look for the one or two carts that I know is somewhere in the mix that has proper seatbelts, so most of the time I just put my son in the first one I can get at.

Now I have told one of the employees about this problem and she said she would tell the owner about it so the promblem can be fixed, but about 6 months have gone by and the belts are still broken.

I do use the seatbelts when they work, (I have yet to EVER find a broken belt at Wal-mart), so I do hate the looks I get from other people that do not have small children when my kid has to sit inside the cart.

I do have to add I do stand by my boy while shopping, but have you ever tried to put your groceries on the checkout counter while still standing directly infront of your child while he's seated? It's impossible to do both at once.

Also, my main question is since I already imformed them of the problem, why has it not been fixed? I had a police officer tonight looking at my boy sitting inside the cart tonight and that was why I got more concerned. He would have gave me a ticket if I didn't have my boy in a car seat while driving.

Answer 1

Bring a belt with you to the store, that's what I do.

Answer 2

I would just not shop there anymore or go there when you don't have to bring your child. Even if you put your child inside the cart area because the seatbelt is broken, something could still happen. The store should fix those seat belts. Maybe you can talk to the owner in person or write a letter saying you will not shop there until they get new seatbelts for the carts. Good Luck!

Answer 3

If your three year old falls out of a shopping cart because you didn't properly secure him in, then it is your fault. It doesn't matter if the seatbelt is broken, it is still your responsibility to keep your baby safe.

Not too many years ago, there were no seatbelts in shopping carts. When my oldest was a baby, I would bring a belt with me to secure her because it was obvious to me that it wasn't safe for her to be sitting in the cart unsecured.

A fall from a shopping cart onto a hard store floor can cause massive long term damage to a child. Not something I would want to happen to my child, especially when it can be prevented.

Answer 4

Not yet but I know it's coming. My son can really wiggle out of those straps on the cart. I came across some cart cover replacement straps that actually clip on the cart and around the kid. So I purchased a couple and I'm liking it so far. He still wiggles around the seat a lot, but that strap is still around his waist and is moving with him. I still use the cart straps as a back up but this other seems to be working better than just the normal strap. I dread the day he figures out the buckles.

Answer 5

Unfortunately, even if the belt is broken, you are responsible if you child tumbles out of the shopping cart. The belts are just an extra precaution. I think they are more of a deterrent to keep the child from standing. That's why they always say...."NEVER leave your child unattended in a shopping cart!" If you are right there, supervising them every second, then you can intercept them the second they try to stand or lean over the side.

Answer 6

Sounds to me like it is your fault.
1: You knew the belt was damaged on the cart you chose, and decided to use it anyways. Therefore, you assumed the risk, even though you knew the dangers.
2: You failed to properly supervise your child, otherwise you would have seen him/her trying to climb out.

But, in America the lawyers will sue over anything. And more than likely you would be able to find dozens of ambulance chasers that would be drooling all over themselves to get this case. They would probably claim that the store was negligent for failing todo daily checks and repairs on all of the shopping carts, or the shopping cart manufacturer failed to properly make the belt in the first place and should have made it of titanium and kevlar so as to be unbreakable.
Or, they might go after the store employee you told, because they failed to act on your reporting of the defect in a timely matter. And possibly even go after the owner/manager too for the same reasons.

Go for it, you might make a few bucks and get all of the stores shopping carts equipped with brand new belts.

Answer 7

I don't know who is responsible. When I was a kid there was no such thing. We didn't even wear seat betls in the car unless we were in trouble. I would say that if you are depedning on the seatblet to work and it breaks whiel using it, it could be the store. But if you know it is broke and put your child in anyway, that could be your fault. When my daughter was younger, I just made a strap wiht a clip and I put it in the car. Than when i went shopping, I had my own seatblet. My friends thought it was great and I made one for my best friend too. She loved it.

Answer 8

It is parents responsibility to keep their kids safe. There are warnings all over the store and on the carts to not leave your children unattended. If the cart belt is broken and you knowingly leave your child to get hurt, it is your fault.

The courts might see it another way, but do you really want your child hurt to find this out?

Take the responsibility and keep your child safe.

Answer 9

our walmart has the same problem. if you didnt know that the belts were broken and your child falls out , the store is liable (but very hard to prove). But since you already knew this and decided to put your child in the seat most likely Walmart would win.

Answer 10

I think it is a combination. The store SHOULD keep an eye on their equipment, especially for children's safety but, as the parent you ultimately placed your child in the seat KNOWINGLY. I am a parent and had to see a few "raspberries" in my day. No one ever felt as guilty as me...even when it was unforeseeable to me.

As inconvenient as this may be, you may have to shop somewhere else to avoid another accident. The owner of the store is obviously a loser. Law suits cost thousands and thousands of dollars and cause nothing but anxiety. They should be saved for extrema cases only.

Obviously, this store is not concerned about sales or customer satisfaction and safety.

BLOW THEM OFF AND TELL EVERYONE!

Answer 11

If your 3 year old is sitting properly in the seat, I HIGHLY DOUBT he'll fall out. If he's not sitting correctly and falls...it's your fault.

Having said that...if you're that concerned, maybe you need to speak to the manager in person, and not through another employee. You can't be sure that person ever gave the manager your message.