Legal Question in Personal Injury in Texas
Store Liability
I was at a major home improvment store picking some items up and when I returned to my car it has hit by a flatbed cart belonging to the store. When I notified the manager she said the store's insurance would take care of the damages so I gave her my information and left. Two days later the insurance company called me and said my claim was denied. They told me if the manager called them and said okay, they would approve my claim. The manager then told me she never said those words. How should I convince them to pay? J.P. Court or County Court? Please any help would be appreciated.
1 Answer from Attorneys
Re: Store Liability
The mere fact that the store cart hit your car does not by itself make the store liable for damages to your car. The real question is whose negligence is responsible for hitting your car. Store employees are notorious for telling customers that the store or their insurer will pick up the bill only to discover later that the employer and/or the employer's insurer does not concur, thereby resulting in the employee later lying to keep his/her job.
A mere representation that the store will pick up the damage bill likely will not be enough to make the store liabile for the bill, unless you have in some way detrimentally relied upon the represenation.
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