Legal Question in Civil Litigation in Illinois
Property damage on a retail store parking lot
I parked on a retail store parking lot in an area devoid of grocery carts to avoid damage to my vehicle. At the same time a thunderstorm was rapidly approaching. As I was walking to the store a strong wind came up, blew a cart out of no where into the side of my car. Body shop estimates damage at slightly over $1,000. I immediately contacted store management who took pictures and submitted to national headquaters. Response back was ''the incident was not caused by our negligence''. Claim denied. Insurance company handling retail store liability refuses to provide info. the decision was based on. Do I have a small courts claim here or is the business of the hook because it wasn't their fault?
2 Answers from Attorneys
Re: Property damage on a retail store parking lot
The question is:
On what basis you claim to have been the fault of the store when a storm (of which you have been aware) has blown a cart into your car? Before filing a suit, you need to formulate your theory of negligence. HOW was the store negligent in order to be found liable to pay for the damage to your car? Once you have answered that, you will have your answer.
Re: Property damage on a retail store parking lot
The store must have been negligent which it does not sound like is the case. I would say you are probably out of luck . But you shoud consult with an attorney to be sure.
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