Legal Question in Civil Litigation in Texas

My wife was parked at a big box retailer on 10-3-14. A storm came through producing high winds at 60+mph. This retailer failed to secure their cart corrals to the ground, so the winds caused them to slide across the parking lot damaging several vehicles including mine. My vehicle has suffered damage from the cart corrals and the carts which the retailer failed to secure prior to the oncoming storm. The retailer however advised they are not liable for acts of nature. I do not believe this incident was an act of nature but simply gross negligence on the company's behalf for failing to properly secure their cart corrals. I checked with neighboring retailers and some have their cart corrals anchored to the grown, to prevent this type of incident. Interested in hearing your comments as I am strongly considering filing a lawsuit for my vehicles damage.

Asked on 10/14/14, 10:20 am

1 Answer from Attorneys

Adam Kielich The Kielich Law Firm

There are cases similar to yours in which plaintiffs have successfully alleged similar claims where the store chose not to anchor the cart corrals and prevailed. However, litigation is expensive and the cost of getting to trial may exceed the cost of repairs to the car and you would not be entitled to recover attorneys fees on a negligence claim so you might be out more than its worth. I would first look at whether you can file a claim under your own insurance policy and let your insurer pursue the retailer's commercial coverage.

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Answered on 10/14/14, 10:20 pm

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