Loading Cart vs. auto door

[geal]

What is California case law regarding business carts damaging customer's car? Last year my car was damaged by a loading cart that on its own broke free of its brake. I was parked on the corporation's parking lot at the INSISTENCE of one of the workers who was going to load my car. I had been parked at the end of the business' short driveway; but the workman waved to me to pull into the very small loading area. Another business owner had been loading her van and had been using the cart; but she was inside her van when the cart broke loose. The cart was between my car and her van. I sent a certified letter to the owner requesting resolution of this matter, and she has totally ignored me! I had asked the on-duty manager to save the monitoring video tape, so that the owner could see what happened; she said she would. No one has called or written me, and the damage is about $200! What should I do next? Is the owner responsible for this situation?

 

[freebird]

What is California case law regarding business carts damaging customer's car? Last year my car was damaged by a loading cart that on its own broke free of its brake. I was parked on the corporation's parking lot at the INSISTENCE of one of the workers who was going to load my car. I had been parked at the end of the business' short driveway; but the workman waved to me to pull into the very small loading area. Another business owner had been loading her van and had been using the cart; but she was inside her van when the cart broke loose. The cart was between my car and her van. I sent a certified letter to the owner requesting resolution of this matter, and she has totally ignored me! I had asked the on-duty manager to save the monitoring video tape, so that the owner could see what happened; she said she would. No one has called or written me, and the damage is about $200! What should I do next? Is the owner responsible for this situation?

I highly doubt there is any "cart law" on this type of accident and it is a typical case of negligence. Difficult to say who is responsible though and unclear from your story. What do you mean "the cart broke lose?" Perhaps the responsibility is that of the person who had been handling the cart. Why is the owner responsible? What you may want to do is sue both the owner and the customer (did you get license plate number at the very least?) and send an information subpoena to the company requiring them to produce a copy of the tape. They may end up even paying it since it may not be worth their time to fight.