Legal Question in Consumer Law in Georgia
After a busted water pipe, my insurance company contracted with a mitigation company to clean up the mess. The mitigation company subsequently ordered a dumpster. When the dumpster driver arrived to deliver a 12ft dumpster, I specifically asked the driver not to park the dumpster in my driveway but rather to park it on the street/cul-de-sac in front of my house.. which had been done several times in the past my neighbors and other contractors. I pointed out my driveway was on a steep incline and the dumpster would likely damage the driveway. The dumpster driver insisted it would be fine then proceeded to back his truck into the driveway and roll the dumpster off onto my driveway. I now have two huge 10ft gauges/scratches in my driveway spanning the entire length of my driveway from where=e the dumpster was placed and then removed. I've called the owner of the dumpster company several times about the damage as well as the mitigation company ... to no avail. No one want to take responsibility for the damage. I recently got several estimates from concrete/driveway companies. All have said the driveway cannot be repaired because of the length and depth of the scratches/gauges. The only option is to replace the driveway which will cost a minimum of $7000. This is really disheartening because my driveway was relatively new. It had been replaced just 4 yrs ago. Can I file a claim in small claims court against the dumpster company and/or the contractor who ordered the dumpster?
1 Answer from Attorneys
Sure. You can.
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