Is she not negligent for leaving the cart in a position that could cause damage

Asked about 5 years ago - New Berlin, WI

Per the woman's statement to me:
she placed the shopping cart between our cars because she knew it was a windy day. she turned around (taking her hand off the cart) to put her child in the car and the wind blew the cart into my car. She is now claiming that she is not responsible since the wind blew the cart. Is she not negligent for leaving the cart out of the rack on a windy day and positioning it in a manner that could cause damage?

Additional information

I failed to mention that the incident was witnessed and the woman admitted fault and gave me her insurance information. her story changed over the course of 2 weeks.

Attorney answers (2)

  1. Christopher L. Strohbehn

    Contributor Level 10

    Answered . If it was a windy day, the argument can be made that is it reasonable to foresee that leaving a cart unattended would blow away potentially into another car. Specifically, this woman should have been aware it was windy and should mind her cart accordingly. I would obtain her insurance information (her automobile insurance to start with) and proceed with her insurance company to get your matter dealt with.

  2. Jonathan P. Groth

    Pro

    Contributor Level 12

    Answered . I agree with Chris. If her insurance company doesn't take responsibility you'll probably have to take her to small claims court. But, I'm not sure if it is worth your time and expense. Many counties have a small claims clinic, so filing that sort of claim is pretty "easy."

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,428 answers this week

3,069 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,428 answers this week

3,069 attorneys answering