Legal Question in Civil Litigation in Illinois

Property Damage Caused By Garbage Truck

I have been using a garbage company for a while who would pick up 1 & 2 times a week at my apartment building. They sent a different driver who somehow caught the electrical wire and ripped it off my building and off the electircal pole causing damage to building and landing on tenents cars not to mention the need for repair from electrical company. How should I handle this? What are my rights. They are trying to blame me saying the electrical wires were too low and it my fault.


Asked on 10/22/03, 2:56 pm

2 Answers from Attorneys
Nima Taradji Taradji Law Offices

Re: Property Damage Caused By Garbage Truck

This is the classical blame the victim tactic--hoping you will just take the blame and go away.

They have been careless in the operation of their truck, for reasons that needs not bother you at this time. Of course, if the wire was too low, that is called contributory negligence and it will reduce the damages you are entitle to by some percentage.

You need to write down a demand letter itemizing your damages and ask them to pay it. Don't get mad or threaten to sue just ask for payment. In all likelihood, it will be ignored. At which time, you have the choice of letting it go or file a suit.

And, BTW, isn't the electric company to blame if the wires are too low? If so, you must contact the electric company and ask them to participate in the payment of the damages.

I hope this helps,

Nima Taradji

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Answered on 10/23/03, 7:18 am
Mary McDonagh McDonagh-Faherty Law Offices

Re: Property Damage Caused By Garbage Truck

Sounds like their problem but more details are required for a full evaluation.

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Answered on 10/22/03, 5:35 pm


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