School Parking lot liability

by Mary
(Perth Amboy NJ)

My car was parked as directed on the school parking lot in a parking space between the lines.

An unsecured garbage dumpster rolled into my car and caused over $500.00 worth of damage. Previous to the incident the custodian was told that it is not safe to keep the dumpster near the cars.

After the incident the dumpster is moved.

Is the school liable for their the damage to my car due to their negligence?


Answer:

Hello Mary,

Most likely yes. However, there might be some issues regarding who owns the dumpster (the school or the city or who). The owner has responsibility over the dumpster. Also, if the dumpster belongs to a public school, you might have to go thru their insurance or have some kind of administrative proceeding (not fun).

The bottom line will be if they are at fault, please see: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html.

The evidence about the school moving the dumpster AFTER the fact will likely not be available for evidence. There is trial evidence rule which excludes "subsequent remedial measures." You can google it and see what I mean.

I hope this helps,

Good Luck,
http://www.auto-insurance-claim-advice.com