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Thread: Parking lot damage--who is responsible?

  1. #1
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    Default Parking lot damage--who is responsible?

    My wife's car was damaged by a shopping cart while at Wal Mart. She
    contacted the manager who gave her a person to call about the damage.
    She was asked to send photos of the damage, which she did, but then
    received a call a few days later to tell her that Wal Mart wasn't
    responsible for the damage. (We have one estimate for about $450 to
    have it repaired http://www.universalregistrar.com/html/car.html

    Is there much of a chance to collect from Wal Mart in a small claims
    court, or would this type of damage in their parking lot not be
    considered their responsibility?
    Bruce
    A.& B.Construction
    Houston, Texas
    www.1-866-Roof-Men.com


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    Default Parking lot damage--who is responsible?

    Bruce <bruce@1866roofmen.com> wrote in message
    news:<e1oah0lfbta2parkhd5p9arb3iv4qmq4nu@4ax.com>. ..
    My wife's car was damaged by a shopping cart while at Wal Mart. She contacted the manager who gave her a person to call about the damage. She was asked to send photos of the damage, which she did, but then received a call a few days later to tell her that Wal Mart wasn't responsible for the damage. (We have one estimate for about $450 to have it repaired http://www.universalregistrar.com/html/car.html Is there much of a chance to collect from Wal Mart in a small claims court, or would this type of damage in their parking lot not be considered their responsibility? Bruce A.& B.Construction Houston, Texas www.1-866-Roof-Men.com
    A parking lot operator, esp. a free one, is usually not considered a
    "bailor" of your car -- you didn't turn over custody of the car to
    Wal-Mart when you parked there and ask them to watch over it, which
    would be a "bailment" (such as when you turn your coat in to the
    coat-check person at a restaurant, or hand your keys to the valet
    parking attendant, and get a ticket stub to turn in to retrieve your
    property). Instead, they just gave you "license" (permission) to use
    one of their spaces on your own, with you keeping your own keys, and
    remaining responsible for the property you left there -- same as if
    you parked it on a public street. Unless you can show, by affirmative
    evidence, that it was a Wal-Mart employee who actually caused the
    damage, IMO you're out of luck. Of course, you can still make claim
    against the person who did cause the damage, but lotsa luck unless
    they were kind enough to leave a note on your windshield identifying
    themselves, or unless somebody else saw them do it and left you a
    note.

    --
    This posting is for discussion purposes, not professional advice.
    Anything you post on this Newsgroup is public information.
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    private communication.

    Mike Jacobs
    LAW OFFICE OF W. MICHAEL JACOBS
    10440 Little Patuxent Pkwy #300
    Columbia, MD 21044
    (tel) 410-740-5685 (fax) 410-740-4300


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    Default Parking lot damage--who is responsible?

    >Is there much of a chance to collect from Wal Mart in a small claims
    court, or would this type of damage in their parking lot not beconsidered their responsibility?
    Your best bet would be, if you have collision coverage on your car, to claim it
    on your insurance.

    Wal-Mart probably posted a disclaimer at the entrance to the store disclaiming
    responsibility for parking lot mishaps. Not only that, it is unlikely that a
    Wal-Mart employee was directly responsible. Maybe an employee pushed the cart
    into your car while shagging carts or while assisting a company--- but it is
    much more probable that another customer pushed the cart into your car.


    *****
    Tim Horrigan <horrigan@aol.com>
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    Default Parking lot damage--who is responsible?

    Horrigan wrote:
    Is there much of a chance to collect from Wal Mart in a small claimscourt, or would this type of damage in their parking lot not beconsidered their responsibility? Your best bet would be, if you have collision coverage on your car, to claim it on your insurance.
    This is not a claim possible under his collision coverage, but
    comprehensive. The car was parked.

    As far as collecting from Wal-Mart, per M. Jacobs' post, you'd have to
    establish that a bailment was created somehow and the damage occured due
    to lack of proper care. I'll add that that if you can prove that
    Wal-Mart was negligent in its parking lot operation somehow you can also
    collect.

    Based on your post, however, the negligence (or even malice) causing the
    harm to your property wasn't from Wal-Mart, but from a shopper. I'd say
    if you went to court on this, it'd be a long shot that you'd prevail.

    -paul
    ianal


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    Default Parking lot damage--who is responsible?

    Hello Michael:
    You wrote on Tue, 10 Aug 2004 15:00:39 -0400:

    MJ> A parking lot operator, esp. a free one, is usually not considered a
    MJ> "bailor" of your car -- you didn't turn over custody of the car to
    MJ> Wal-Mart when you parked there and ask them to watch over it, which
    MJ> would be a "bailment" (such as when you turn your coat in to the
    MJ> coat-check person at a restaurant, or hand your keys to the valet
    MJ> parking attendant, and get a ticket stub to turn in to retrieve your
    MJ> property).

    I think you are missing the important point that it was store's cart that
    did the damage. The store is not in custody of the parked car, but it is in
    "custody" of their own equipment.

    If the car was hit not by a cart, but, for example, by a brick fallen from
    the building - there's no doubt the store would be responsible. Just another
    piece of their equipment.

    regards


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    Default Parking lot damage--who is responsible?

    Michael wrote on Tue, 10 Aug 2004 15:00:39 -0400: MJ> A parking lot operator, esp. a free one, is usually not considered a MJ> "bailor" of your car -- you didn't turn over custody of the car to MJ> Wal-Mart when you parked there and ask them to watch over it, which MJ> would be a "bailment" (such as when you turn your coat in to the MJ> coat-check person at a restaurant, or hand your keys to the valet MJ> parking attendant, and get a ticket stub to turn in to retrieve your MJ> property).
    bat <bat@bats.com> wrote:
    I think you are missing the important point that it was store's cart thatdid the damage. The store is not in custody of the parked car, but it is in"custody" of their own equipment.If the car was hit not by a cart, but, for example, by a brick fallen fromthe building - there's no doubt the store would be responsible. Just anotherpiece of their equipment.
    They can only be liable if they fail in a "duty of care". Merely
    owning a piece of equipment doesn't make you liable. Pieces of
    equipment do not run around on their own (unlike, say, dogs), so the
    only way a shopping cart can collide with a car is if some human being
    causes it to.

    I can think of four interesting cases:

    1. A store employee is moving the cart when it collides with the
    victim's auto. In this case the store is clearly responsible under
    respondeat superior.

    2. A store employee has possession of the cart but abandons it for
    some reason. Subsequently it begins to roll because of the slope of
    the lot and collides with an auto. Treat the same as 1, above.

    3. A customer is moving the cart when it collides with the victim's
    auto. The customer is in control of the cart and is responsible for
    the collision. The store is pretty clearly _not_ responsible.

    4. A customer uses the cart and abandons it in the lot. As with (2),
    it beings to roll and collides with an auto. Clearly the customer is
    negligent, but the store may _also_ be negligent. For example, if the
    lot is sloped so heavily that it letting go of a cart for a moment to
    load your purchases in your trunk, a good lawyer could argue that the
    store contributed to the loss through its negligence.

    OTOH, most stores have signs in their parking lots that claim they
    have no responsiblity for your car when it is parked there. This may
    or may not insulate the store against a claim of ordinary negligence.
    (Courts have held that you can not insulate yourself against claims
    for intentional torts or gross negligence.)
    --
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    to the republic which it established, one nation from many peoples, promising
    liberty and justice for all.
    Feel free to use the above variant pledge in your own postings.


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    Default Parking lot damage--who is responsible?

    bat wrote:
    I think you are missing the important point that it was store's cart that did the damage. The store is not in custody of the parked car, but it is in "custody" of their own equipment.
    I don't see it. Are YOU responsible if YOUR baseball is thrown through
    a neighbor's window? The person who threw it is responsible.

    Even in the case of a car, where your insurance covers damage caused
    by your car, any excess over the liability limits is the responsibility
    of the DRIVER, not the OWNER.

    --
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    Default Parking lot damage--who is responsible?

    "bat" <bat@bats.com> wrote in misc.legal.moderated:
    (parked car hit ad damaged, presumably by shopping cart)
    I think you are missing the important point that it was store's cart thatdid the damage. The store is not in custody of the parked car, but it is in"custody" of their own equipment.
    Is the store singular (it) or plural (their)? :-)

    By your theory, if you lend me a knife to cut up vegetables, and I
    use it to stab someone, you share the blame because it's your knife.

    I don't think so.

    Shopping carts are not wild animals: they go where people (or
    gravity) put them. Wal-mart owns the carts, but it does not give
    them to customers and say "here, go bash a car". Responsibility for
    damage rests with the person who was in control of the cart.

    Sure, we can construct scenarios. For instance, an elderly shopper
    lets go of a cart so that she can dart out of the path of an
    oncoming SUV, and the cart crashes into a parked car. If the woman
    reasonably believed she was in danger, the SUV driver is responsible
    for the consequences of his reckless actions.

    But any such scenario would have to be proved, and is rare anyway.
    The most likely explanation is that some shopper was careless with a
    cart and banged a nearby car, then didn't have the integrity to
    leave a note. The responsibility rests with that shopper, but since
    s/he can't be identified it's the problem of the car owner and
    his/her insurance company. Wal-mart is essentially an innocent
    bystander here.

    --
    If you e-mail me from a fake address, your fingers will drop off.

    I am not a lawyer; this is not legal advice. When you read anything
    legal on the net, always verify it on your own, in light of your
    particular circumstances. You may also need to consult a lawyer.

    Stan Brown, Oak Road Systems, Tompkins County, New York, USA
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    Default Parking lot damage--who is responsible?

    "bat" <bat@bats.com> wrote in message
    news:<f65nh0hn2h65peg2p3fv4dpra30jn9rm0e@4ax.com>. ..
    I think you are missing the important point that it was store's cart that did the damage. The store is not in custody of the parked car, but it is in "custody" of their own equipment.
    Did Wal-Mart have the right to control the details of _how_ the
    customer pushing the cart, used it? Or just to make sure they didn't
    take it off the lot? IMO even though the "license" Wal-Mart gives to
    its customer to use the cart is free, this is like a rental-car
    situation -- Hertz is not liable, absent some state law requiring
    this, when their customer uses their car to run into somebody else.
    The liable person is the one who caused the damage and/or his
    employer, unless there is some other independent basis such as
    negligent entrustment. Did Wal-mart know that Customer X was known
    as "the Mad Banger" because every time he came in, he would grab a
    cart and shove it into someone's car? If so, they may be negligent
    for letting him use a cart. Otherwise, no.

    --
    This posting is for discussion purposes, not professional advice.
    Anything you post on this Newsgroup is public information.
    I am not your lawyer, and you are not my client in any specific legal
    matter.
    For confidential professional advice, consult your own lawyer in a
    private communication.

    Mike Jacobs
    LAW OFFICE OF W. MICHAEL JACOBS
    10440 Little Patuxent Pkwy #300
    Columbia, MD 21044
    (tel) 410-740-5685 (fax) 410-740-4300


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    Default Parking lot damage--who is responsible?

    On Mon, 16 Aug 2004 19:24:29 -0400, bgold@nyx.net (Barry Gold) wrote:
    4. A customer uses the cart and abandons it in the lot. As with (2),it beings to roll and collides with an auto. Clearly the customer isnegligent, but the store may _also_ be negligent. For example, if thelot is sloped so heavily that it letting go of a cart for a moment toload your purchases in your trunk, a good lawyer could argue that thestore contributed to the loss through its negligence.
    I think 5. is much more likely.

    5. Customer returns to his car to find his car damaged by a shopping cart.
    He has no idea who did it.

    6. is kind of amusing.

    6. Unknown party abandons cart in the lot, which is gently sloped. Due
    to a tremor (say it's California), the shopping cart begins to roll down the
    slope and eventually strikes a customer's car. Act of God? Negligence?
    Assume the slope isn't excessive and it wouldn't have been reasonable
    to level it.


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    Default Parking lot damage--who is responsible?

    "Paul Cassel" <paul1@abq.com> wrote in message
    news:i55nh09nbi3oelvn3su3vurboaunpohc6g@4ax.com...
    Horrigan wrote:
    Is there much of a chance to collect from Wal Mart in a small claimscourt, or would this type of damage in their parking lot not beconsidered their responsibility? Your best bet would be, if you have collision coverage on your car, to
    claim it
    on your insurance. This is not a claim possible under his collision coverage, but comprehensive. The car was parked. As far as collecting from Wal-Mart, per M. Jacobs' post, you'd have to establish that a bailment was created somehow and the damage occured due to lack of proper care. I'll add that that if you can prove that Wal-Mart was negligent in its parking lot operation somehow you can also collect. Based on your post, however, the negligence (or even malice) causing the harm to your property wasn't from Wal-Mart, but from a shopper. I'd say if you went to court on this, it'd be a long shot that you'd prevail.
    Right BUT if you even threaten a lawsuit I give you a 90% chance they'll
    settle, especially if the amount is only a couple hundred dollars. The
    store manager himself (at least at Vons, dont know about WalMart) has the
    ability to settle insurance claims under a specified amount if he feels it
    prudent.

    Send a letter with the claim, make it sound terrible, and see what happens.

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    Default Parking lot damage--who is responsible?

    ptsc <ptsc@nowhere.com> wrote in message
    news:<b6v4i0l8apo8b7gjam5uq51n4ultg3frq7@4ax.com>. ..
    6. Unknown party abandons cart in the lot, which is gently sloped. Due to a tremor (say it's California), the shopping cart begins to roll down the slope and eventually strikes a customer's car. Act of God? Negligence? Assume the slope isn't excessive and it wouldn't have been reasonable to level it.
    Your assumption contains the answer to your question. Actionable
    "negligence" is the doing of something that is not reasonable to do,
    or the omitting to do something that any reasonable person _would_
    have done, with injury as a direct and foreseeable result of that
    unreasonable conduct. If a jury concludes it "wouldn't have been
    reasonable" to require the owner to level the parking lot, a
    conclusion the jury would be free to reach (based probably on their
    prior conclusion that "the slope isn't excessive", which is also a
    judgment call), then he's not negligent for failing to do so. Since
    there's no basis for finding any underlying negligence at all, there's
    no need for the defendant to go so far as to assert any affirmative
    defenses such as "act of G-d" to get himself off the hook.

    But your assumptions are just that, assumptions, and these are not
    what a jury starts with when it first faces the issue, or what a
    lawyer will look for when he tries to consider whether to take a case.
    The "basic" facts might include, for instance, tidbits such as "the
    lot slopes at a consistent angle of 2 degrees away from the store
    entrance" and "the applicable BOCA codes for parking lot design allow
    up to a 4 degree slope in parking lots" and "it would have cost the
    owner $XXXXX to level the lot" and "they _do_ have earthquakes here
    from time to time" and so forth. The jury takes those basic facts and
    then comes to its conclusions, as to whether it was or was not
    reasonable for the owner to forego leveling his lot under all the
    applicable circumstances.

    And it should go without saying that, if they are allowed to make that
    judgment call, the jury is also free to come to the _opposite_
    conclusion -- that it was _un_reasonable for the lot owner to fail to
    level the lot. That's why we have trials -- so that a jury of peers,
    not the victim or the defendant, is the one who ultimately makes those
    judgment calls.

    --
    This posting is for discussion purposes, not professional advice.
    Anything you post on this Newsgroup is public information.
    I am not your lawyer, and you are not my client in any specific legal
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    For confidential professional advice, consult your own lawyer in a
    private communication.

    Mike Jacobs
    LAW OFFICE OF W. MICHAEL JACOBS
    10440 Little Patuxent Pkwy #300
    Columbia, MD 21044
    (tel) 410-740-5685 (fax) 410-740-4300


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    Angry

    Hello,

    I had the same thing happen to me yesterday. I understand that Wal-Mart may not be responsible for what a customer does with their carts but I think there is something different in my case. Last night Wal-Mart failed to collect the cars from their parking lot, the parking lot was full of cart. Most, if not all of the cart returns were full. Carts everywhere including the middle of the parking lot, I had to drive around several of them just to get to a parking spot. This caught my attention when I was looking for a place to park so I decided to park next to an island far away from the main door. After I got done shopping, there was a train of six to ten carts that had rammed into my car. I called the manager and he went out to look at my car. He quickly remove the carts away from my car and informed me that they are not normally responsible for cart damaged but in this case he wanted me to talk to the main store manager this morning. I went home got my camera and came back to video tape and take pictures of the mess of carts all over the parking lot. I talked to the main store manager this morning but he was not really interested on what I had to say. I told him of the conditions of his parking lot last night and that it looked like they had not picked up carts for hours before my mishap happened. I even told him I had pictures of the damaged and of his parking lot but he did not want to see them. He said he guarantees me that they had people picking up carts last night. I did not see a single person doing that the hour and forty five minutes I was there looking at my car and taking pictures. I filled out an accident report with Wal-Mart and also my police department but I don't know what to do next.
    I believe Wal-Mart was negligent in this case because they failed to collect the carts causing them to be a hazard to their customers.
    I am estimating my repair to be around $1200.00.
    What should I do next?
    Attached Images Attached Images  
    Last edited by taphxaz; 09-04-2006 at 05:58 PM.

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    In most cases WalMart would not be responsible, as they have multiple places for customers to put the carts. When they do not have the lot cleared, they are contributing to a hazardous situation. You could have a case. Talk to a lawyer.

    I think that your answer was in the previous post.

    Actionable"negligence" is the doing of something that is not reasonable to do,or the omitting to do something that any reasonable person _would_
    have done, with injury as a direct and foreseeable result of that
    unreasonable conduct.


    They have a regular schedule for carts being gathered for that reason. Your vidio proves your case.

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    Quote Originally Posted by GotSmart View Post
    In most cases WalMart would not be responsible, as they have multiple places for customers to put the carts. When they do not have the lot cleared, they are contributing to a hazardous situation. You could have a case. Talk to a lawyer.
    Thank you all for your advised. I was contacted by Wal-Mart's insurance company and they are going to take care of the repairs to my car and give me a rental car during the time. They said that they were negligent for having the parking lot full of shopping carts and she also said they were able to confirm that on the surveillance tape. I don't know if they were able to tell who did the damaged, I'm sure they did, but they are taking care of the repairs so I guess it does not matter.

    Thanks again to all for your help.

    TAPHXAZ

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    Default Walmart damage from cart mover

    I recently exited the Walmart and noted an employee operating the motorized cart pusher down the aisle of my vehicle. I entered my vehicle (Toyota Sequoia) , checked my mirrors, looked back - the employee was observed several spaces down and reversed to a large crash. The employee had left the cart pusher behind my vehicle on the rear passenger side, due to the low height of the car pusher and the high height of my vehicle - I could not see the machine, I also assumed the employee would have taken the cart with him.

    I notified the Walmart manager, my car sustained damage on the rear lift gate and rear right quarter panel. He informed me that this happens all of the time ?! They turned my statement into their claims management company. The company reviewed the parking lot surveillance tape and determined that since the employee was behind my car at the time I walked up and got into it that I was responsible for the damages to my vehicle. I informed the lady that he left the cart machine and I thought he took the carts with him, she said that he actually walked in front of my car when he left the carts. 1) I was entering my vehicle, putting my bags in the car etc, not wathcing the movement of the employee, I did not see him go in front of my car without the carts afterall why would I want to damage my car - that's just ridiculous. 2)their machine was damaged, I would think if they determined me liable they would be asking me for damages or my insurance information
    3) If I was entering my vehicle and then he walked around the front of it, why would he leave the carts behind my car if I was leaving - then he walked down the parking lot several spaces away?

    Anyhow, I would like to know if anyone else has had this problem, does it appear that Walmart is liable? I am not "sue happy" but I also don't want to make a claim on my own insurance if they are responsible. Thank you for any assistance you can provide

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    My local Wally World has big flags attached to their electric cart machine. If yours did not have it, there is your defense. They did not take into account an existing problem.

    It could be thought to be your fault for one reason. You did not automatically understand that the person running the cart machine is not competent enough to do anything else in the store. If he is within 2 isles of you, it is your responsibility to walk around your vehicle before entering it

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    Parking at WM is one of my biggest nightmares. From the children running through the lot, to the teens racing through it.

    Her vehicle has a large blind spot due to the way it is made. I agree that in this case she appears to be at fault due to lack of due dilligence.

    WM also should bear some of the blame as their equipment which is made for use in the lots is not easily seen (from a SUV) with out modifications such as a flag.

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    If I park in Wal Mart's lot and a Wal Mart owned vehicle with no operator in it pops out of gear and rolls into my vehicle, are they not not responsible for the damage? How would that differ from one of their carts rolling into my vehicle?

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    I have a situation where I rented a car from enterprise. I asked if I could leave my car overnight and pick up the next day when I returned the rental car. I was told to park in the back because thats where they allow everyone to park. That night my car was broken into and damaged. Enterprise did not inform me before I left my vehicle that I was responsible nor do they have any signs up that state they are not responsible for vehicles left. Now they are saying they are not paying for any of the damages.

    Would I have a case taking this to small claims court? Should they be liable?

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    See post #2 in this thread. Substitute Enterprise for Walmart.

    -Tim

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    Quote Originally Posted by Barry Gold View Post
    4. A customer uses the cart and abandons it in the lot. As with (2),
    it beings to roll and collides with an auto. Clearly the customer is
    negligent, but the store may _also_ be negligent. For example, if the
    lot is sloped so heavily that it letting go of a cart for a moment to
    load your purchases in your trunk, a good lawyer could argue that the
    store contributed to the loss through its negligence.
    What if the local government puts restrictions on how much the store can alter the slope of the terrain, as they did here? Our Wal Mart has a 10% grade.

    I've been on both ends of shopping cart collisions:

    - I was driving down a parking aisle of the Wal-Mart listed above. At the end, I turned right onto the road across the front of the store. As I crossed the next aisle, a shopping cart came out behind the parked rows of cars and went under my front bumper sideways (I had a large van then). I couldn't see it until a few seconds before it hit. The store employees helped me get it out. It didn't even damage my vehicle.

    - Another time, I backed the same van out of a parking space. I didn't know someone had left a cart resting against the right rear of it (the windows are high. As soon as the van was gone, the cart rolled down the hill. Fortunately for me, it was the manager's car the cart hit, and he added it to his collection of cases against the city's law restricting changing the slope.
    Last edited by Troubleshooter; 05-04-2007 at 07:37 PM.

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    Parking lots are generally considered dangerous. Public access to private property. Just have to be more attentive to the stuff around your car when you park, is all.
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

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    Hi I am new here; just have a what if question. Your car gets hit by a shopping cart and does moderate-severe damage. The store claims it's not their fault. The carts have the stores name on them. Since they have "no control" over the carts and the police can't do anything because it's private property, what if I went in and loaded up all of the carts and took them home. I guess they would claim ownership then. Thanks

  25. #25
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    Quote Originally Posted by kimbyrn View Post
    Hi I am new here; just have a what if question. Your car gets hit by a shopping cart and does moderate-severe damage. The store claims it's not their fault. The carts have the stores name on them. Since they have "no control" over the carts and the police can't do anything because it's private property, what if I went in and loaded up all of the carts and took them home. I guess they would claim ownership then. Thanks
    If you have a question, please post a new thread rather than attaching it to a 4 year old one.

    Thank you.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

  26. #26
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    Then how is that if I fell in or out of the store, or a product or display caused an injury, I could sue for compensation?

  27. #27
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    If you have a question, start a new thread.

    We will be happy to address specific questions in there own thread.

  28. #28
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    Default My window was smashed while waiting to be repaired. Can I sue?

    I took my car to Firestone for a engine diagnosis. They determined that two parts were needed and it would cost several hundred dollars. I called O'Rourkes Automotive in Columbus Ohio for a price quote. I explained to the owner John, the problem I was having and Firestone's diagnosis. He insisted that I buy the parts elsewhere and bring them in and he would install them for a labor charge of $120. So I had a tow truck take my vehicle from the Firestone to O'Rourkes Automotive. I didn't follow the tow driver with the car to the shop (I figured my car would be safe) so waited until my parts were delivered just a few days later to my home. When I got to the shop with the parts, they asked me to help push the car inside and I noticed the windshield had been smashed in very badly. The window was perfectly fine when it left Firestone, I was there to see it off. However, the owner at O'Rourkes said he didn't check the vehicle when it came in and that it could have happened where it was towed from. He got very angry and enraged, he said he is not paying for damages and said, "get your parts and car and get the **** my property." He insisted it would not have happened at his shop because he had very good surveillance. I explained to him that I didn't think it was his fault and that I would like to continue with his business and have my original work completed with him. He told me that "times were ruff for everyone and he's not taking anyone's ****". He said, that him and his helper "were both fully armed with guns and are willing to, shoot first and ask questions later." His helper said, "that's right." I was very shook up but really needed my vehicle and although he has worked on my cars in the past, I figured he was still a reliable mechanic. I gave him $120 cash for the service. He told me the work would be done the following day.

    I received a call the next day saying that my car was finished and I didn't need the parts for the car or the service (although he installed the parts and charged me anyway), and that someone had changed my wires around. He said he worked an extra 1.5 hours and that I owed him an additional $50. I couldn't pick the car up that day since I'm on Unemployment and my money is really tight, in which I told him. So the following day, which is today Friday Jan, 16, he called me at 11am and told me to come get it before 1pm, (he was planning to leave early and close the shop for the day). I told him that I didn't think the car was drivable and wasn't safe and that I would like to use a towing service to get the vehicle home He told me over and over it was drivable with the smashed in windshield and insisted his own vehicle has a crack all the way across and he drives it every day. . I called a tow service and called him back to let him know I would be there shorty. He had stepped out and his helper answered the phone. I told him the truck in on the way and I didn't have all the cash but asked if they accept checks. He insisted that the owner doesn't like to take them and to come anyone, (he never said that they don't accept them). When I walked in the door, John approached me and yelled over and over that he doesn't take checks or visa and that this deal was cash only. I told insisted that I had $24 cash in my pocket and could give it to him and pay the difference on Monday or a today in a drop box. I also told him since he was leaving at one then maybe I had time to run to the bank, he said no. We are leaving now. At that point he said he wanted what I had in my pocket or else he would charge me an additional $30 storage fee for the two days (Sat, Sun), that they were closed. So I gave him the $24 cash I had in my pocket. The tow truck came and John would not allow my car to be released to them. I feel humiliated, embarrassed, abused and scammed. Please help. Thank you..
    Last edited by secretvip; 01-16-2009 at 11:39 AM.

  29. #29
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    If you have a question, start a new thread.

  30. #30
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    that seems like some pretty good free legal advice, alternatively you probably are correct.

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