• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Damaged by a cart

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state?What is the name of your state? MO

Ok, here's the story:

As a Wal-Mart employee, my wife was instructed(by the store manager) to park our 7 month old $35,000 vehicle in an area designated for employees. She was also told that if she did not park within these areas she would be written up and that the third writeup would result in termination. As instructed, she parks in the designated area. That day a storm rolls in and a cart owned by Wal-Mart is blown across the parking lot(approx. 600ft.) and hits our vehicle in the passenger side front door causing $711.00 in damage. Wal-Mart hires employees to specifically pickup these carts and provides these employees with specilized equipment to recover theses carts. My insurance co. has paid to make repairs to our vehicle but I feel that Wal-Mart should pay for my out of pocket deductable.($500.00) I have contacted Wal-Mart's claims department but all indications I have received from them is that they are not going to take responsibility. Does anyone have any information on case law or state statute relating to this type of damage.
 


BelizeBreeze

Senior Member
File a claim with your auto insurance.

Wal-Mart is not at fault for an act of God unless Sam came out from under the earth and pushed the cart himself.
 
A claim was filed and paid as stated. However, in doing so, the claim counts against me as an accident and my insurance rates go up over a situation I had no control over. In the least, Wal-Mart should be responsible for the out of pocket exspense even though neither Sam or God sprung up and pushed the cart. :rolleyes:
 

enjay

Member
Give it up. Wind = Act of God = Walmart not responsible. You are the one who filed a claim against your insurance knowing you'd have to pay $500 of the $700 cost. You should have just sucked it up and paid the $700 and then you wouldn't have to worry about your insurance. Poo happens and huge companies with great lawyers know they don't have to give you a dime.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top