Legal Question in Civil Litigation in Nebraska

Re: Liability of damages

Who owns the dumpster is not really the issue here. There are two routes to recovery here. One is against the person who placed the dumpster where it could move unexpectedly and damage someone's property. If forces of usual weather (average storms etc)could cause the dumpster to move in such a way as to do $1150 worth of damage to a car, it is very likely that a reasonable person would not have placed it as it was. This is a negligence claim, and it would be against whoever is responsible for placing the dumpster there. This could be either the employer, or their trash service, depending on who has what responsibilities. The second is a claim against the landowner. If the landowner knows of a dangerous defect in or on their property, and fails to protect or warn persons legally on the property, they are responsible in negligence to any person harmed by the defect.

You want to find out who placed the dumpster where it was (most likely a trash service, usually printed on the side of the dumpster) and if it has ever gone "traveling" in the past. If it has, you want to find out if the landowner knew of the event(s). Your best scenario is if your wife's employer doesn't own the property, but leases it. Then you could sue both the trash company and the landowner, IF you meet both of the above tests. You could also make a claim against your insurance, if you have comprehensive, and let your insurance company sweat out who to sue.

If you need more detailed information, the Omaha Bar Association has a lawyer referal service that allows you a half hour personal consultation with an area attorney for about 25 dollars. (Their number is 280-3603)It would be money well spent.

Good luck.

William P. Jones