Is my apartment complex responsible for the trash can door hitting my truck?
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Is my apartment complex responsible for the trash can door hitting my truck?
Our parking spot is right next to the trash can. Someone left it open and with the wind it
banged into my truck and now it has a huge dent. Is the apartment complex held liable?
Asked on November 3, 2016 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, they are not liable UNLESS you can prove that it was a complex employee and not, say, a tenant or tenant's guest or even someone wholly unconnected to the complex, who left it open AND that it was unreasonably careless to do so, because it would have been reasonable to assume that leaving it open could damage a nearby car. Even living that second issue--the reasonableness (or not) of leaving it open--aside for the moment, you have to prove that it was an employee to hold the complex liable, and unless this was captured on video tape (e.g. a security camera) or there was a witness or an employee admitted it was his/her fault, it is very unlikely that you can prove this. The complex is not liable if it was done by someone not under their control.
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