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
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