Wind took my shopping cart away and it scratched a car. Is anyone liable?
Our grocery store has no corrals for the carts in the parking lot. When I took my baby out of the empty cart and was putting him in his car seat, a wind gust took the cart away and it rolled into another car, causing a small scratch. The owner of the car says I am liable. However,
1. My auto insurance doesn’t cover this b/c it did not involve my vehicle at all.
2. The store claims they aren’t liable
3. I did not willfully or purposefully cause the damage. It was the store’s property, combined with the wind (an act of God).
Aazia….."act of God" is a legal term used by insurance companies
Tagged with: act of god • auto insurance • car seat • corrals • empty cart • google • grocery store • insurance • insurance companies • parking lot • quot • scratch • script type • text javascript
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Intent doesn’t matter when damage is done, however small, so that part of the argument carries no weight.
If your car insurance won’t cover this, then what? Homeowners? Of course the store is going to go ‘not my fault, man’ because you were using the cart and therefore responsible for what happens until you’re done with it.
This is a bit of a strange situation, because you can’t call it an act of God when, it does stand to reason that you should have been in control of the cart perhaps by putting a foot on it to keep it from moving until you were done with it. Tornadoes, hurricanes, earthquakes, floods … those are an act of God. A gust of win that moves a cart … not so much.
I have a question: Was the cart empty when you turned to put your daughter into the car seat? If the cart was empty and you were done with it, you could just say ‘Well, I’m not at fault because I was done using the cart.’ Technically, that’s the truth, isn’t it? *wink* You were done with the cart, and that’s the end of it.
All laws come down to technicalities, so use this one in your favor.
Maybe an Act of God?
lmao dont try to blame this on God, yeah he toootally wanted that to happen. and it doesnt seem that anyone should be liable but sorry, its pretty much ur fault…..
1. the store wasnt in control of the cart… because…. it’s a cart..
2. and not blaming you, but you were supposed to be in control of the cart while you had it
Sorry…..
Ok here it is. as in such this was an act of god. First though in court if he decides to sue you for fricken scratching his car he’s an idiot who has nothing better to do. But he can still sue. I bring up the problem with the store saying that because they had no where to put the cart; that the cart just wondered off in the wind. if he wins in court then sue the store for not having an adequate parking lot. Some states have laws sawing that a store bigger than a certain size must have corrals. You can probably do so. and since it is a grocery store I believe they are one of the types that fall into that category. But You are liable best bet is get ready for the court or just settle. Because the cart was in your possesion at the time. remember possesion is 90% of the law. hope the best for you