Can I file a lawsuit for a misplaced dumpster in a parking lot?

by Catalina
(Miami Dade, FL)

A dumpster was misplaced and I was injured because of it. The dumpster was placed not on the side of the building as it's supposed to, but occupying a parking spot next to my car. When I got out of the car and was walking towards the store I bumped into the rusty handle of the dumpster (without a proper cover). The dumpster was wrongly positioned in the middle of the parking lot.

I suffered bruises and contusions on my face that came close to the cornea of my eye. The wound bled and might need stitches. I did not go to the doctor because I'm an elderly women with no insurance, and thought I did not have a case. I have proof... I took pictures of the dumpster and its position. Please if you would be so kind to let me know my options I would appreciate it. Thank you.

Visitor Question:
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ANSWER for "Can I file a lawsuit for a misplaced dumpster in a parking lot?":

Catalina (Miami Dade, FL):

Your options will be determined by the extent of your injuries and your ability to document them. The most important issue is your health. Be sure you are thoroughly examined by your physician. Understanding and documenting your injuries is vital.

Because the State of Florida, like most other states, has a 2 year Statute of Limitations, or “time period” within which an injured party can file a personal injury lawsuit, you will have ample time to pursue your claim once your injuries are documented and you are on your way to recovery.

You were right to take photographs of the dumpster. Hopefully you had someone take photographs of the injuries to your face.

Hopefully you also wrote down the name of the dumpster company, or the garbage company which placed the dumpster there and makes its regular pickups.

Call the company and report your claim. They should turn the matter over to their insurance company. If they do, you will shortly thereafter be contacted by an insurance company Claims Adjuster. The Adjuster will probably take your telephonic recorded statement. That fine. Its standard procedure in insurance personal injury cases.

If the dumpster company will not cooperate you can either file a claim against them in Small Claims Court, or seek the advice and counsel of a personal injury attorney.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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