Legal Question in Real Estate Law in Maryland

My daughter lives in Edgewood MD, she place her trash bin in front of her house on trash pick up day. The wind blew her plastic trash bit and it hit her neighbor�s car (scratches) Her neighbor wants my daughter to pay the 500.00 deductable to get her car painted. My daughter places the trash bin in front of her house and then leaves to go to work every week. Trash is pick up while she is at work. The neighbor stated my daughter is responsible for putting the bin away. Can my daughter be sued for not paying, isn�t the cause of the bin hitting the car called an act of nature not my daughter responsibility


Asked on 7/14/11, 9:16 am

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

While almost anyone can be sued, for the plaintiff to win they must prove negligence - that is, they must prove at least three things: 1) that your daughter had a duty to put the trash can away, 2) that she didn't perform her duty and 3) that her failure to do so caused damage. If the plaintiff cannot establish those elements it cannot collect based on negligence. Various facts may affect whether or not the law imposes a duty in a particular situation. Note this general information should not substitute for legal advice and that specific facts may affect how the law applies to your situation. If threatened with legal action you may wish to consult with an attorney of your choosing.

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Answered on 8/24/11, 6:46 pm


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