[majaliwa]

I came out of store to find a cart corral had fallen onto my car in the store parking lot. The store initially requested I provide them an 2 estimates for repairs, but before I could submit the estimates, they sent me a letter alleging winds caused the corral to fall over & hence they were not responsible. Does claiming winds responsible for corral falling over absolve the store of any legal liability? This happened in Ohio. Any ideas? Thanks!

[baliangel]

I do not have any legal experience, but I read this and It bothers me! First off, if the wind did do this, aren't they supposed to have those corrals fastened down? I know that a few stores here have them fastened down, and some stores have them very secure and they will not move. So, what if the wind did it? What if someone crashed into it, like a kid on a bicycle and it went into your car? Do they pay for that? I don't think it matters how it fell, they did not have the corral secure.

[JudyKayTee]

Please don't guess on the legal boards. We take great pride in our answers.

Yes, they are responsible. The signs which say, "We are not responsible for damage ..." (if the store has such a sign) are meaningless. You were parked legally and your car was damaged through no negligence on your part.

Submit the estimates. If they refuse to pay take them to Small Claims Court.

[majaliwa]

Thanks JudyKayTee! After attempts to settle out of court failed, I filed a small claims complaint against the store & they settled in full before the hearing.