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Consument, Verzekering, Schade


Who reliable for car damaged by trash due to wind?

I rented a construction trash skip (container) without a lid. The neighbor parked his car next to the container on the night of a heavy wind in the Netherlands. He claims that some of the trash hit his car due to the wind and I am responsible for the damages in his car since the container was full.
Parking spots next to the residential building are not assigned, he did not have to park next to the container.
The trash was left inside of the container by my workers, but there is a change some people then thru the trash. The container was not 100% full.
The damages are around 1.2k euros. The damage was only in the outside metal park of the car.

1. Who is reliable in this situation and should pay for the costs?
2. Does the Trash Container company have any responsibility of covering the container?

This is a complex situation and each case is unique, but I will attempt to provide a general overview based on Dutch law.

1. Who is responsible in this situation depends on several factors. In principle, it can be said that anyone who causes damage, should also compensate for it (art. 6:162 BW). In this case, that would mean that if the mess from your waste container has caused the damage, you could possibly be held liable. However, there are mitigating circumstances to consider. For example, if the car owner knew about the risk of parking next to an overflowing container, and thus shares some of the responsibility for the situation. But in such cases, the burden of proof often lies with the person claiming the damage.

2. As for the responsibility of the waste container company, this would depend on the terms of the agreement you had with them. If there are provisions in that agreement about who is responsible for damage caused by the container (e.g. whether the company must ensure that the container is covered in a certain way), they could possibly also bear some responsibility.

It's important to retain all documents that are relevant to the case, including pictures of the damage, messages or correspondence about the issue, the contract with the waste container company, etc. These could be useful as evidence if the case escalates further.

Please note: This orienting advice is based on general legal knowledge and should not be considered as legal advice for your specific situation. It's advisable to consult with a lawyer or attorney to advise you based on all the facts and circumstances.

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