Legal Question in Civil Litigation in California

shopping cart accident

On a very windy day as I was turning onto the driveway of a well-known chain store which sells wine and food, my car was struck by a loose shopping cart which rolled down the driveway. I submitted a claim to their insured, but my claim was denied.The insured stated the damage was not the result of a direct action of one of their insured. They stated they don't have control over the wind blowing the cart so they feel they are not responsible. I have personally called the company's headquarters and spoke to the woman in charge of mishaps at the chain stores. She also said that her store could not be liable. What can I do? I have put in a claim to my own insurance co., but I have a $500.deductible. The estimate damage is for $900. Would it help any to write to the president of the chain store? How about small claims court? I heard I must first fix the car in order to take it to small claims. I can't afford to spend $500 right now. Thank you for your advice.


Asked on 6/09/00, 7:04 pm

1 Answer from Attorneys
Barry Jorgensen The Law Office of Barry S. Jorgensen

Re: shopping cart accident

You do not have to fix your car before you file an action in small claims court. You wil need estimates of the damage. You could also sue for just the amount of the deductible, after your insurance company and you pay for repairs.

The shopping center is only liale if they do not keep the carts under control. If there are lots of loose carts around the store may be liable. Visit the store again on the same day of the week and take pictures to prove how well the store keeps up with loose carts.

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Answered on 7/30/00, 4:37 pm


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