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Is a retail store liable for severe damage done to my car by an unbolted down cart corral during a severe thunderstorm?

Madison, WI |

I was parked at a retail store today when a severe thunderstorm approached which had straight line winds. The cart corral, which was not bolted to the ground at all, hit the driver side while I was in the store, causing my windows to bust, creasing both doors, and bending the frame of my door sill.The estimate is approximately $5,000, and it may have to be totaled because of the extent of the damage. Should the store be liable for any of this damage?

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Attorney answers 1


This begs the question: why wasn't the corral bolted down? There are a few more questions that need to be answered. For example, how far was your car from the corral and are you sure it was just the storm and not another car that struck the corral pushing it into your vehicle?

Wisconsin now has a $10,000.00 small claims limits for cases like this.

Good luck.

Sending an email or posting a question does not constitute legal advice or create an attorney client privilege. The comments and opinions expressed in Jon Groth's comments are intended for informational purposes only and do not constitute legal advice. Reading or using the information in this blog does not create the existence of an attorney-client privilege. Due to the changing nature of the law, the blog posts may contain dated material. For an update on the current law and the application of the law to your particular facts and circumstances, consult a legal advisor. The information contained herein is not a substitute for obtaining legal advice from a qualified attorney licensed in your state.

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