accident in business parking lot

What is the name of your state? What is the name of your state? Alabama. I was shopping at a local business (Fred's) and I had parked in the parking lot for the business. A buggy that was not in the buggy "holding"area rolled away and struck the side of my brand new car, Acura RL, putting a big dent in the door. I went inside and told the manager and we wrote up a statement and signed it. The cost to repair my car was $1,223.29. My Insurance paid all but $250.00 which is my deductible. Can I take Fred's to small claims court and have them pay me the $250.00 plus any other expenses that I incurred during the time my car was in the shop? Thanks for your time. Buggy

[I AM ALWAYS LIABLE]

Originally posted by buggy Man
What is the name of your state? What is the name of your state? Alabama. I was shopping at a local business (Fred's) and I had parked in the parking lot for the business. A buggy that was not in the buggy "holding"area rolled away and struck the side of my brand new car, Acura RL, putting a big dent in the door. I went inside and told the manager and we wrote up a statement and signed it. The cost to repair my car was $1,223.29. My Insurance paid all but $250.00 which is my deductible. Can I take Fred's to small claims court and have them pay me the $250.00 plus any other expenses that I incurred during the time my car was in the shop? Thanks for your time. Buggy

My response:

Other than the fact the Fred's owns the shopping cart, why do you believe that Fred's is negligent for the occurrence of your damages, and thus liable to you for reimbursement?

IAAL

I feel that I should be able to park my car in Fred's parking lot without fear of it being damaged. They do have some responsibility to provide a safe area for parking do they not? This buggy was not where it should have been and Fred's is accountable for that.

[I AM ALWAYS LIABLE]

Originally posted by buggy Man
I feel that I should be able to park my car in Fred's parking lot without fear of it being damaged. They do have some responsibility to provide a safe area for parking do they not? This buggy was not where it should have been and Fred's is accountable for that.

My response:

Fred's is not liable to you. They are not an "insurer" of the safety of your property. That's why people buy insurance. Fred's has no liability to you.

Perhaps, the last user of the cart is liable to you because that user allowed the cart to run away.

But, I guess you're going to need to hear the same thing I have said to you from a judge.

IAAL

You mean that under no conditions are they liable for the damage to my car? Were they not negligent in not making sure that their buggies were not all over the parking lot and presented a hazard to any customers that may have entered that parking lot?

[I AM ALWAYS LIABLE]

My response:

Also, you might want to go back to the lot, and as you enter, take a look at the little signs next to the entrance. It says, in part, "Not Responsible For Fire, Theft, or Damage To Property."

So, when you entered the lot, by so entering, you agreed to that waiver of liability.

IAAL

I did go back and took picture of all the buggies that were all over the parking lot and at no time did I see any type of sign that said that. I will return in the morning and check and make sure. If there is no such sign are they liable?

[I AM ALWAYS LIABLE]

Originally posted by buggy Man
I did go back and took picture of all the buggies that were all over the parking lot and at no time did I see any type of sign that said that. I will return in the morning and check and make sure. If there is no such sign are they liable?

My response:

No. I'll say it one, last time. The store is not an "insurer" of the safety of your property. If anyone is liable to you, it was the user of the cart.

The store has no negligence and therefore, no liability. I don't care if they had 100 carts strewn all over the lot. It doesn't matter. That fact didn't cause your damages. The cause was the negligence of the last user of the cart. That was the person who wasn't careful, and therefore, negligent.

Also, like I said, you're obviously going to need a judge to tell you the same thing I have told you.

So, sue the store and have a judge listen to you.

IAAL

I hear your pain, buggy man. I just bought a brand new car and I wouldn't take it to the store for a week after I bought it. Now, I park as far in the boonies as possible and move all the carts that are anywhere near. I think I will actually feel better after I get my first door ding.

But, I have seen the sign that IAAL is talking about in almost every store parking lot. I don't think that you are going to be able to prove that the store is responsible. If they were responsible, you would see full-time teams of parking attendants running around like mad to round up all the carts or the carts wouldn't be allowed outside the store or there would be no more parking lots. It just wouldn't be cost-effective.

I hear what ya'll are saying but it still doesn't seem right. You may be half right, I am going to talk to a local small claims Judge and find out the outcome of the same kinds of cases.
You both must remember one important thing in this situation....I live in Alabama and things are sometimes done a "little" different here.