If a person trips on rubbish...

October 10, 2007 5:04 AM

Neighbour leaves rubbish or rubbish bins on roadside curb. Third party trips on rubbish. Who assumes liability?

I live in Brisbane, Australia. My neighbour and I live a "multi-unit dwelling". Said neighbour often leaves rubbish or rubbish bins on the curbside. If a someone tripped on the objects, who's responsible? The Body Corporate, the Brisbane City Council or the individual leaving the items?

posted by dantodd to law & government (3 comments total)

The individual leaving the items would be liable.

In the event that this person is either a) unknown or b) unable to be definitively proven then the owner of the road/path/kerb would be responsible. They may in turn wish to follow the counter claim against the individual in question.

I am not a lawyer and this is not legal advice
posted by triv at 5:23 AM on October 10, 2007

This isn't legal advice, but you would need more information to answer this question.

I'm not familiar with Australian law specifically. But this could turn out several different ways in the US.

If the danger is obvious to all but the most oblivious 3rd party then it could be found to be solely their responsibility. If the danger of the objects isn't reasonably obvious the person who put them there could be responsible. They could also be responsible default if they are breaking a law in placing their trash in an illegal location. Depending on the property law, the landlord could be held responsible, (possibly depending on whether he was or wasn't aware of this tenant's tendency to do this.)

My point is that you would need to find someone experienced in your area's laws to get any answer that you could reasonably depend on.
posted by JakeLL at 12:03 PM on October 10, 2007

Thanks triv and JakeLL. I think I'll try and get some advice from Council this morning and see if I can get in touch with a local lawyer. I'll post the outcome here.
posted by dantodd at 3:49 PM on October 10, 2007