i went to shopco to get a new set of ray bans

i was in the store 9 minutes

i came out to find a shopping cart crashed into my drivers door

i was parked as far away as i could, at least 150 feet from the closest car

it was all down hill to my ride so the cart had a chance to pick up speed


they ( shopco ) refused to let me see the tape from the parking lot cams

but they did offer to let me sign a form that released them from any liability(sp)

anyone know if i can force them to let me see the tape?

the girl with the form asked over the radio and the guy on the other end said "just tell him there is no tape"

@*@^@&#*($*#*@(($(#@&!


jay

 

Sorry to hear about your car! I'm not sure about the law, but I would have filed a police report while I was still on location.

 

That is one of my worst fears as well. Talk to a lawyer. Maybe it was an emploee. There are always free consultations. Sorry to hear this.

 

I had this happen at Wal-Mart a couple of months ago. Store employee just filled out a corprate loss form and turned it into corprate. They called me 2 days later. I had my truck (Lightning) fixed by my insurance, but low and behold, about a month later, after there investigation, Wal-Mart called and agreed to pay back my insurance for the claim. Suprised the heck out of me. It was a windy day (40 mph).
My point is, it should probably be handled by corprate not the local store.
Good luck.

 

You dont even have to actually go to a lawyer. Just tell them that you talked to a lawyer and unless they pay for it youll be forced to take legal action. They always wanna avoid lawsuits, even small ones are bad for PR.

 

Someone please explain to me how this is the store's fault or are you all running with the huge assumption that an employee did it?

I think the better question to answer is the original one posted. Can he get the store to cough up the video surveilance tape? Also, do they overwrite the surveilance video tapes every 72 hrs, week, month, never?

 

they did offer to let me sign a form that released them from any liability(sp)

Bee Geees with that I wonder if they are not or just did open a door with that line and what you heard on the tape ? and filing a Police report may have been or still may be a good thing as they can get the tape , depending on the sores time stamp or re-tape over. I'd call explain , it won't hurt. ?

 

If the store asked him to release them from liability then they know there is a chance they can be held responsible. The reason being that businesses can be held responsible for what happens on their premises. If someone slips on the ice outside a walmart they can sue walmart and probably win because the property wasnt kept up to safety standards. Its the same thing in a parking lot if the employees arent clearing carts from the parking lot fast enough.

It might be stupid for them to get blamed for some ******* just pushing a cart away cus hes too lazy to put it back, but thats how the law works. Based on precedence, and since that idiot who got burned by the mcdonalds coffee won that ridiculous case a few years back, businesses are being held increasingly accountable for everything.

So I think theres a good chance he could pressure the store enough to pay for the damage. Especially if they refused to give the security tapes when they obviously would have had them. If theyve already recorded over them then i think hes got a guaranteed settlement, since he told them what happened and they refused to help.

 

Legally, they do not have to turn over the tape to you at this time. They would in litigation, whether they are a party or not. But, if you immediately served them with a witten demand to preserve it, and then they erased it, they would be liable for the damage based upon spoliation of the evidence. Fill out a report with the store so you an prove they wereice of the event.