“Dangerous” cart corrals

September 1, 2009
Back to TopCommentsE-mailPrintBookmark and Share
Menard’s has funny-looking and somewhat impractical cart corrals that are also apparently unsafe and dangerous. Just ask Gerald Roberts of McCreary County, Ky.

He was visiting a Menard’s in Lafayette, Ind., and decided to “travel through” the cart corral, hitting a horizontal metal bar at the opposite end of the corral. He hurt himself in 2007 and now he’s suing the store and the maker of the corral.

The suit is pretty scant on details, but apparently, he’s walked through these cart corrals before and never injured himself. Here’s a picture of what these corrals usually look like.

According to the suit filed in federal court yesterday, Roberts suffered great bodily injury and pain, hurt his head and neck, and has severe and permanent emotional harm. His wife is also suing for loss of love, support, and companionship.

Why would you walk through one of these cart corrals in the first place? I’ve been to Menard’s enough to see they are usually full of ill-configured shopping carts and large carts for wood and supplies to make it like an obstacle course to try to get from one side to the other.

Instead of a)not walking through the cart corral, b) paying attention to your surroundings, or c) taking responsibility for your own negligence, Roberts feels like it’s Menard’s and the manufacturer’s fault he hurt himself. What severe and permanent emotional harm has he suffered? Embarrassment that he whacked himself on a cart corral at a hardware store when he wasn’t paying attention?

I’m not trying to make light of this guy’s injuries (whatever they may be as they aren’t detailed in the suit), but it’s not like the wind picked up this improperly grounded cart corral and struck him or it suddenly collapsed on him. He walked through it and somehow injured himself. But apparently, that’s not his fault because the corral has an “unreasonably dangerous design” and has “inadequate warnings.”

I wonder if the next time I’m at Menard’s I’ll see a “STOP: DO NOT ENTER” or “DO NOT WALK THROUGH” attached to these corrals.
ADVERTISEMENT
  • Good thing he survived or we would have had to include in the Darwin award entries, and he might have won. The Darwin award for doing society the biggest favor by taking himself out of the gene pool.

    In fairness I guess anything is possible, but most likely this is just another perfect example of why our society has so little respect for the legal profession.
  • In all actuality, someone that rides their motorcycle through the property of any business, regardless of the purpose or placement of such property, has no reason to complain that a horizontal strcutural support clothes-lined him on his way through.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  2. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  3. We have a direct genuine provider for BG/SBLC specifically for lease, at leasing price of 4+2 of face value, Issuance by HSBC London/Hong Kong or any other AA rated Bank in Europe, Middle East or USA. Contact : Mr. Johnson Hatton Email:johnsonhatton@gmail.com Skype ID: johnson.hatton007 Intermediaries/Consultants/Brokers are welcome to bring their clients and are 100% protected. In complete confidence, we will work together for the benefits of all parties involved. All inquires to Mr. Johnson Hatton should include the following minimum information so I can quickly address your needs: Complete contact information: What exactly do you need? How long do you need it for? Are you a principal borrower or a broker? Contact me for more details. Johnson Hatton

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

ADVERTISEMENT