• Report: #612188

Complaint Review: K Mart Corporation

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  • Submitted: Wed, June 09, 2010
  • Updated: Mon, February 14, 2011

  • Reported By: Jeanne — Beecher Illinois U.S.A.
K Mart Corporation
3231 Chicago Rd. Steger, Illinois United States of America

K Mart Corporation Shopping Cart Caused Almost $600 in Damages Due to Faulty Cart Corral, Yet I'm Responsible?! Steger, Illinois

*Consumer Comment: Small Claim Court

*Author of original report: Sedgwick CMS (KMart Corp. insurance company) still denies to fix my car!

*Author of original report: Updated Picture of KMart Sign

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On date of accident 4-30-2010 11am, wind blowing from the south to the north (I have print out of weather for that date in Steger, IL).  Car parked 2 or 3 stalls north of a BROKEN cart corral in the KMart parking lot.  There is no bar at the bottom of this corral to keep the carts in, and the corral was out of it's usual position, south wall of corral was out 3 feet longer than the north wall of corral, making any cart blown out, head north.  Wind blew cart into my car, causing almost $600 in damage!  The KMart staff member even watched the wind blow 4 carts that were TOGETHER out of the corral! 


Their insurance company (Sedgwick CMS) claims they have signs posted on their cart corrals, and they do...however, this is what it states:  "Not responsible for cart accidents caused by customers leaving their carts in lot. [continued below]....

.....  Put carts in corral."  This cart WAS in the corral and the wind blew it out!  It doesn't matter how windy the day, if the corral was NOT broken, the carts would not have blown out of the corral.  This broken corral is STILL in their parking lot.  I have pictures of EVERYTHING down to the way the wind was blowing!  The customer should NOT be held responsible for cart corrals that belong to KMart Corp.  The Rep. of their insurance company just informed me that it's not their fault, it's the fault of the customer.  The customer that DID put their cart INTO their corral...making it easier on Kmart associates to retrieve and getting the carts off the lot....did the right thing!  Their ins. rep also asked..."is the corral in the lot"...making the point then that the sign covers KMart.  This is NOT what the sign states and this NEEDS to be corrected by KMart!


If the cart corral was not broken, carts would not be able to fly out no matter how windy it is.  First she (supervisor at Sedgwick CMS) blamed the wind.  Then she blamed the CUSTOMER!  After reading to her exactly what their sign states, she asks "well isn't the cart corral in the lot?"  Their sign CLEARLY states that  they're not responsible for customers leaving their carts in LOT...and then states to put them in the corral!  Now tell me how I'm responsible for this?  They need to pay my estimate that they requested two of...just to deny!  $579.76!




This report was posted on Ripoff Report on 06/09/2010 01:18 PM and is a permanent record located here: http://www.ripoffreport.com/r/K-Mart-Corporation/Steger-Illinois-60475/K-Mart-Corporation-Shopping-Cart-Caused-Almost-600-in-Damages-Due-to-Faulty-Cart-Corral-612188. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
2Author 1Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Small Claim Court

AUTHOR: Ray - (U.S.A.)

File a small claim court against K-Mart. This will put in action against K-Mart. Also notify the newspaper the date court appeal.

Make sure you take all photo's to judge.

Good Luck
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#2 Author of original report

Sedgwick CMS (KMart Corp. insurance company) still denies to fix my car!

AUTHOR: Jeanne - (U.S.A.)

Update as of 7-12-2010:
Received a letter from Sedgwick CMS, the insurance company for Kmart Corp.  They again are denying to pay for the damage done to my car from one of their carts that came out of their broken cart corral.
Letter states "we cannot find any liability on the part of the Kmart Corporation."  Ok, so if the cart corral is broken, who's fault is this?  The carts will not stay in a corral that is broken, the bar missing that holds in the carts.  Even the frame of the corral was wide spread since that bar was missing!
I have pictures of broken corrals, placement of my car to corral, wind direction, etc.
I beg to differ their response.  Who's fault is it that THEIR cart corrals are not in good condition???  The customer's?
If this company was smart, they'd look at all receipts just my family alone has created shopping there over the past year and would see how much MORE they'd make if they paid this bill that is THEIR RESPONSIBILITY because of THEIR faulty equipment. 
$579.76 is what is rightfully owed to me (or to the company that gave us the estimate to repair the damage), and until we get it, we will NEVER shop there again...trust me on that.


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#3 Author of original report

Updated Picture of KMart Sign

AUTHOR: Jeanne - (U.S.A.)

Took another picture today, same sign resides on the still broken cart corral.  Clearly specifies to put carts in the store or corral because cart damage isn't their responsibility if the customer left the cart in the lot....NOT stated "corral", nor "store".  Therefore they are clearly responsible for their faulty equipment allowing damage to private property.
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