Q: Is the garbage company responsible for damage due to a can left on driveway that snapped the car mirror while reversing?
The can was placed back inward the driveway and broke the drivers side mirror while reversing, barely clipped it. Photos indicate the can was on "personal property" says the garbage company so they won't take any responsibility and now I have $600 of damages/wage loss due to the employee not doing their job by putting can back where it belongs and failing to move it off the property. Is there a claim here?
A: Their duty is to empty cans (I'm assuming this is municipal). They are never under a duty to place them a particular location.Bigger issue is it was a stationary object. The general rule is the vehicle in motion has the duty to look for stationary objects, vehicles even if they aren't where they should be. If you are moving and hit an illegally parked vehicle,
generally it's on you, not the vehicle. Here, you clipped the trash can, the trash can didn't lean out and hit your mirror.
Mr. Michael O. Stevens agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.