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Damage to vehicle

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lisam8270

Guest
What is the name of your state? IL

On 8/7/02 I visited a Walmart store. Parked my truck next to a cart return only to come back and find a metal cart containing the blue, molded plastic seat that holds two avg. sized children, next to my truck. Lining up with the cart were 3 deep scratches, 1 blue colored scratch and a 4" DENT. I was denied viewing security tapes, and was told today that Walmart ins. finds them to NOT be liable for damages. Total damage for "a few scratches" is $475.00. That's an expensive scratch!
Do I have any recourse?
 


stephenk

Senior Member
you can fix it yourself or make a claim on your insurance policy under comprehensive coverage. But if you have a deductible it may not be worth the effort plus the increase in your insurance premiums.

Walmart not responsible if their customers bang carts into your truck.

next time do not park next to the cart return. Dont you wonder why there is always an open parking space next to the cart return?
 
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lisam8270

Guest
damage to vehicle

Thanks for the info, but I just found that out! Wal-mart's insurance called me and told me they didn't feel they were responsible. Yet, I've talked to 10 body shops that do work for Schnucks (grocery store) and Wal-mart for these types of situations all the time!!

Also, I found a web site dedicated to the law suits brought against Wal-mart........ck this one out.........

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Three-Year-Old Plaintiff Loses Vision in One Eye After Striking Herself in Eye With End of Plastic Headband — $615,000 Wyoming Award
Plaintiff, age three, lost the sight in one of her eyes when she struck herself with the pointed end of a plastic headband that she purchased at Wal-Mart. Plaintiff maintained that the headband was unreasonably dangerous for use by children and that Wal-Mart failed to label and test the product properly. Wal-Mart countered that the product was not unreasonably dangerous and that it had no legal responsibility to test the product prior to marketing it. The jury awarded plaintiff $615,000.
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She won........why shouldn't I get my truck fixed! :)
 
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lisam8270

Guest
The mother bought the headband, daughter pokes her eye out, blames Wal-mart, sues, and wins over 1/2 million dollars!!!!
Shoot, all I wanted was my truck fixed!
 

JETX

Senior Member
Merchants are NOT liable for damage done by customers with their carts... even while on their premises..... or even if the cart is 'blowing in the wind'.
 
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ahutchGA

Guest
Most places...

Most places even post their lack of liabliity in parking lots, on or near the cart holder thingy.
 

stephenk

Senior Member
Your situation is very different from the example you gave. In your situation you dont know who caused the damage or even if it was caused by the cart.

Walmart and the other store may pay for cart damage if you can prove one of their employees pushed the cart into your truck, for example.

Based on the facts you presented, Walmart has not done anything wrong.
 

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