Legal Question in Personal Injury in Indiana

I was parked on a common area parking in a shopping center and the wind from an oncoming storm blew a shopping cart into my car and caused about $1,300 in damages. The anticipated storm warning was made at least 8 hours in advance that the city would encounter strong winds. The car was parked at least 500 feet from the cart rack. There were no evidence that anyone from the business was gathering the carts. The carts did damage to at least 2 other cars. My contention is that the company was negligent in trying to prevent potential damage because they failed to gather their carts into a secure area before the storm. The company has denied the claim saying it was "an act of God" and they are not responsible for the damages. My contention is that they were negligent because they did not act in a prident manner to prevent this from happening. We have decided to take the company to small claims court and seek money for the damages on the car. Are we wasting our time?

Asked on 4/26/11, 7:57 am

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

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No. Is it an act of God that there are shopping carts in the parking lot?

Answered on 4/26/11, 8:54 pm

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