What is our liability if a customer’s car was hit by our garbage dumpster door?

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What is our liability if a customer’s car was hit by our garbage dumpster door?

The door was closed, but due to heavy wind, the door opened by itself and hit the customer’s car. This caused a dent. Would this be considered act of god and would the business be liable for paying to repair the car?

Asked on July 26, 2014 under Accident Law, New Jersey

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The door was not fully closed so unfortunately, through no fault of the individual, the car was hit. You would be held liable because if the door was fully functioning, it would not pop open like this. Consider immediately paying to prevent a higher claim.


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