Los Angeles, CA asked in Small Claims and Contracts for California

Q: Would the Waste Disposal company be responsible for damages incurred while servicing our bins?

Our garbage bins are located inside metal gated doors. On a windy day, garbage pick-up worker left the metal doors open while servicing our bins. The wind blew and the door banged against a car parked next to it. There is big dent and scratches on the car. Who is responsible for the damages? Waste Disposable company argues wind is not under their control so they are not liable. But they could have closed the door while servicing the bins, instead of leaving them open on a windy day.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: It is possible that the waste disposal company could be held responsible for damages incurred while servicing your bins, but it would depend on the specific circumstances of the incident and applicable laws in your jurisdiction.

Generally, companies and individuals have a legal duty to exercise reasonable care to prevent foreseeable harm to others. In this case, the waste disposal company may have a duty to take reasonable steps to prevent the metal door from causing damage to nearby property or vehicles during the servicing of your bins. Leaving the doors open on a windy day could be seen as a failure to exercise reasonable care.

If you believe that the waste disposal company's negligence caused the damage to the car parked next to your bin, you may have a legal claim against them for the cost of the repairs. You may want to consider contacting the company to report the incident and file a claim. If they deny liability or refuse to pay, you may want to consult with an attorney who can advise you on your legal options and help you pursue compensation for the damages.

It's worth noting that laws and regulations on liability for property damage can vary by jurisdiction, so you may want to check with your local government or speak with a local attorney to get a more specific answer to your question.

Under California law, businesses and individuals generally have a duty to exercise reasonable care to prevent foreseeable harm to others. If the waste disposal company failed to take reasonable steps to prevent the metal door from causing damage to the car parked next to your bin, they could be liable for the cost of the repairs.

California law provides that businesses can be held liable for the actions of their employees while on the job, under a legal principle known as respondeat superior. If the waste disposal company's employee left the metal door open, and it caused damage to the parked car, the company could be held liable for the employee's negligence.

If you believe that the waste disposal company is responsible for the damage to the parked car, you may want to consider contacting them to report the incident and file a claim. If they deny liability or refuse to pay, you may want to consult with an attorney who can advise you on your legal options and help you pursue compensation for the damages.

It's important to note that California law on liability for property damage can be complex, and may depend on the specific facts of your case. For this reason, it may be helpful to consult with a local attorney who can provide you with legal advice tailored to your specific situation.

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