Legal Question in Civil Litigation in California

I requested a trash bin and said that it could be retrieved the next day. When it was delivered the I spoke with the driver and said it would be there for seven days. The bin was taken early in the morning and wasn't left for a whole business day. My question is since the driver said it was going to be picked up at a later time does that make the company responsible for taking it to early? (they took the dumpster before I had a chance to fill it)


Asked on 9/28/10, 8:53 pm

2 Answers from Attorneys

The terms of your bin time are with the trash company, not the driver.

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Answered on 10/06/10, 10:26 pm
George Shers Law Offices of Georges H. Shers

I am guessing what happened was that you told the trash company you would need the container until tomorrow but did not say when the next day you would be done with it, and they assumed you would be done with it at the end of the day they dropped it off. So their driver picked it up whenever it was convenient to do so for his route. So both of you were sloppy in discribing what you wanted.

Your question then becomes was it reasonable for you to rely upon the driver. Tha tis not clear. Did he/she work for the company you had the agreement with, did they appear experienced, how stongly did he state it would be there a week, is it a small company that probably could not leave its limited number of dumpers for a week earning nothing, did they tell you the rate was the same whether for one day or one week, etc.

Whether you reasonably relied upon what the driver said is a matter of fact to be guesses at by the trier of fact. I suggest you call the trash company and try to work out a compromise.

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Answered on 10/07/10, 1:20 am


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