What is the name of your state (only U.S. law)? Texas
I own a small automobile repair business, and my building was damaged late last year. I have a dumpster provided by a local disposal company, and they empty it weekly. I came to work one morning and found the dumpster smashed into a section of wooden fence at the end of my building, and the corner of the building next to it was smashed in as well. It looked to me like the driver who empties the dumpster must have lost control of it while emptying it. These things happen.
My landlord called the company and reported it (I lease the building), and later that day they sent their 'safety office' out to do a report. I only spoke with him briefly. He told me he "didn't even know if their truck had been there that morning." After he left, I phoned my landlord to tell her what had been said. She said, "that's crazy, I talked to him on the phone an hour ago and he said they realized the driver hit the fence but didn't believe he hit the building."
The building had to be repaired right away, as someone could climb thru the hole in the wall and get into my shop. I paid a contractor $2500 and the repairs were completed over the next 2 days. After a couple days of my calls not being returned by the disposal company, I filed a police report for leaving the scene of an accident. Ultimately, the detective determined it to be a civil matter since the damage was caused by a dumpster and not an automobile.
I filed suit in small claims court and began exchanging emails with the disposal company's attorney. He informed me that they were denying that their truck had been there that morning and had GPS logs to prove it.
Here's what I have: 1.A witness who works at the restaurant next door who saw their truck on the property that morning but didn't see the damage occur. He is coming to court with me. The restaurant also uses the same disposal company's service. Just last month, a truck came out to empty their dumpster and hit the awning of their building, in the middle of the day. Dozens of people witnessed this. The owner of the restaurant was there and he went and spoke with the driver and got his name. When he called to report the incident, he was told that no driver by that name was working for them that day, and that their GPS reports indicated that their truck was not there that day. Crazy. Within a few days, they contacted him and said they'd made a mistake and took care of it. There was much less damage to the restaurant than there was to my building. The owner of the restaurant is coming with me as a witness because I believe it is very relevant to my case that they immediately said they hadn't been there.
Also, my landlord is coming to court to testify as to what she was told by the safety officer originally.I have all the photos and receipts, etc. Oh did I mention, court is tomorrow! Just wanted to get some opinions if I could. Please ask me any questions you might have about further details and let me know what you think. Thank you very much.
I own a small automobile repair business, and my building was damaged late last year. I have a dumpster provided by a local disposal company, and they empty it weekly. I came to work one morning and found the dumpster smashed into a section of wooden fence at the end of my building, and the corner of the building next to it was smashed in as well. It looked to me like the driver who empties the dumpster must have lost control of it while emptying it. These things happen.
My landlord called the company and reported it (I lease the building), and later that day they sent their 'safety office' out to do a report. I only spoke with him briefly. He told me he "didn't even know if their truck had been there that morning." After he left, I phoned my landlord to tell her what had been said. She said, "that's crazy, I talked to him on the phone an hour ago and he said they realized the driver hit the fence but didn't believe he hit the building."
The building had to be repaired right away, as someone could climb thru the hole in the wall and get into my shop. I paid a contractor $2500 and the repairs were completed over the next 2 days. After a couple days of my calls not being returned by the disposal company, I filed a police report for leaving the scene of an accident. Ultimately, the detective determined it to be a civil matter since the damage was caused by a dumpster and not an automobile.
I filed suit in small claims court and began exchanging emails with the disposal company's attorney. He informed me that they were denying that their truck had been there that morning and had GPS logs to prove it.
Here's what I have: 1.A witness who works at the restaurant next door who saw their truck on the property that morning but didn't see the damage occur. He is coming to court with me. The restaurant also uses the same disposal company's service. Just last month, a truck came out to empty their dumpster and hit the awning of their building, in the middle of the day. Dozens of people witnessed this. The owner of the restaurant was there and he went and spoke with the driver and got his name. When he called to report the incident, he was told that no driver by that name was working for them that day, and that their GPS reports indicated that their truck was not there that day. Crazy. Within a few days, they contacted him and said they'd made a mistake and took care of it. There was much less damage to the restaurant than there was to my building. The owner of the restaurant is coming with me as a witness because I believe it is very relevant to my case that they immediately said they hadn't been there.
Also, my landlord is coming to court to testify as to what she was told by the safety officer originally.I have all the photos and receipts, etc. Oh did I mention, court is tomorrow! Just wanted to get some opinions if I could. Please ask me any questions you might have about further details and let me know what you think. Thank you very much.