Legal Question in Traffic Law in California
I need advise, I let my sister borrow my truck to pick up a 500 dollar chair from babys r us for her new baby. sales associate put box in truck and sent her on. box flew out on freeway and got hit by 2 cars. 1 car drove away, the other car decided not to file a report.
My sister called babys r us and told them the situation (while distraught on the side of the freeway) in traffic and they told her there is nothing they can do to help.
Is small claims court right for this situation of box not being loaded properly?
What is the best coarse of action
please help
-Julien
1 Answer from Attorneys
I would say that there were intervening factors that would relieve the store of liability. Since your sister took possession of the box, it seems to me that it was her duty to make sure it was fastened securely.
Thank goodness no one was injured and there was no other property damage!
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