“Dangerous” cart corrals

September 1, 2009
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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.
  • 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.

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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.