I live in California. A city green waste collection truck broke my water main with it's grabber arm and the city denied my claim, saying that the pipe next to the bin was covered by bushes and the driver couldn't see it, therefore there was no negligence.
My case is:
1)The city went against its own regulations. The city's regulations state that for collection days, bins are to be placed in the street against the curb, and three feet away from vehicles and other bins. My bin was on my property off the street and positioned up against my garage. My bin was empty and I placed it so that it wouldn't be picked up that day.
2) the driver misused the equipment and tried to pickup a container that was not properly positioned. The pipe was abraded, indicating the the grabber arm slipped or that he over reached.
Did I meet the burden of prevention? Does the high repair bill ($1400.00) figure into the equation?
Do I have a case in Small claims court?
My case is:
1)The city went against its own regulations. The city's regulations state that for collection days, bins are to be placed in the street against the curb, and three feet away from vehicles and other bins. My bin was on my property off the street and positioned up against my garage. My bin was empty and I placed it so that it wouldn't be picked up that day.
2) the driver misused the equipment and tried to pickup a container that was not properly positioned. The pipe was abraded, indicating the the grabber arm slipped or that he over reached.
Did I meet the burden of prevention? Does the high repair bill ($1400.00) figure into the equation?
Do I have a case in Small claims court?
