I Smashed My Fingers in a Dumpster – Can I Sue?
If you smash your fingers using a dumpster, can you sue for damages? As in all personal injury cases, the answer will depend on whose carelessness or negligence caused the injury. There are two things to consider:
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Could the property of business owner have foreseen the danger?
The law requires property owners to take steps to prevent foreseeable harm to others on their property.
If the dumpster was not properly secured, or was defective in a way that could cause injury, a reasonable person could foresee that an injury may result. Not taking steps to prevent dangerous conditions, or to post warnings of possible danger, is a form of negligence.
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Were you excessively careless using the dumpster?
If your own actions were exceedingly careless, you may not have a case.
The law expects people to be reasonably aware of their surroundings. If you were reasonably careful, but a dangerous condition or a lack of adequate warning of danger caused you to smash your fingers despite your caution, you probably have a strong case for damages.