Fingers Broken by a Dumpster: Do I Have a Case?
If you break your fingers using a dumpster, can you sue for damages? Well, as in all personal injury cases, the answer depends on whose carelessness or negligence caused the injury. Whether the dumpster was at a rental property, construction site or your workplace, the questions you need to ask are the same.
Did the property or business owner take reasonable steps to prevent a dangerous condition?
If the answer is no, then you may have a strong case. Your attorney will investigate to determine if your injuries were caused by a pre-existing hazard, and whether the hazard could have been prevented by owner action.
Was the dumpster locked, or behind a locked gate? Were there warning signs posted? If not, or if the dumpster was unstable and shifted when you went to discard your trash, it’s likely that unsafe conditions are to blame for your injuries.
Were you exceedingly careless when near the dumpster?
If you climbed a fence, ignored signs or were engaging in horseplay on or around the dumpster, you probably don’t have a strong case. If you could have anticipated the danger but didn’t exercise caution to avoid harm, the court is not likely to find in your favor.