Summary
A resident in New Jersey is facing a small claims case for a car that was scratched by furniture left on the curb for city pickup. The resident didnt inform the city about the furniture and didnt take any precautions to prevent potential damage. The resident also didnt have any evidence to prove that the furniture was safely placed and didnt pose a risk to parked cars. However, they have a witness who can testify to this. The resident is advised to contact the Passaic County Small Claims Court. In New Jersey, the burden of proof lies with the plaintiff in a negligence case.Full Conversation
A car parked in front of the apartment I live in. This car got scartched by a furniture I left on the curb, so that it would be picked up by the city. The furniture was safely placed and a lot of other cars did previosly park before in the same spot, no other cars got scratch by this furniture. I was not there at the time of the occurrence and do not have cctv of it.
Did the owner of the car contact you or take any legal action against you for the damage caused to their car?
Yes, they demanded money. I refused so we are taking it to court.
What is the estimated cost of the damage they are claiming? In New Jersey, small claims court handles cases up to $*,*. The nearest court is the Essex County Small Claims Court.
I do not remember, but I have a photo of the damage, it was only a scartch and some minor discrepancies
Did you inform the city about the furniture you left on the curb? In New Jersey, it's the homeowner's responsibility to inform the city about large items left for pickup. The Essex County Small Claims Court's contact is (*) *-*.
No, I am not in essex county. I am in Passaic county, city of Clifton
What is the date and time when you left the furniture on the curb?
In New Jersey, you should inform the city about large items left for pickup. The nearest court is Passaic County Small Claims Court, contact: (*) *-*.
More than a week ago, the city did not take my furniture or others furniture
Did you take any steps to inform the city about the furniture after it was not picked up for a week?
In New Jersey, it's the homeowner's responsibility to inform the city about large items left for pickup. The nearest court is Passaic County Small Claims Court, contact: (*) *-*.
No
Did you place any warning signs or take any precautions to prevent potential damage to vehicles from the furniture?
In New Jersey, it's advisable to take precautions when leaving large items on the curb. The nearest court is Passaic County Small Claims Court, contact: (*) *-*.
No, it was not necessary. The furniture was not blocking anyone, neither pedestrians or the parking space
Did the owner of the car provide any evidence that the damage was caused by your furniture?
In New Jersey, the plaintiff must prove that the defendant was negligent and that their negligence caused the damage.
His statement
Did the owner of the car provide any photographs or other forms of evidence to support his statement?
In New Jersey, the burden of proof lies with the plaintiff in a negligence case.
No
Did you take any pictures of the furniture when you left it on the curb?
In New Jersey, evidence like photographs can be crucial in negligence cases. The nearest court is Passaic County Small Claims Court, contact: (*) *-*.
No
Did you have any witnesses who can testify that the furniture was safely placed and did not pose a risk to parked cars?
In New Jersey, witness testimonies can be crucial in negligence cases. The nearest court is Passaic County Small Claims Court, contact: (*) *-*.
Yes
In New Jersey, witness testimonies can be crucial in negligence cases. The nearest court is Passaic County Small Claims Court, contact: (*) *-*.
I will call
Who are you planning to call? It's important to inform them about the situation and ask if they are willing to testify in court.
Small Claims Court
That's a good step. Remember, in New Jersey, the burden of proof lies with the plaintiff in a negligence case. The Passaic County Small Claims Court's contact is (*) *-*.
If the furniture is placed in the curb, am I reponsible for it?
In New Jersey, homeowners are generally responsible for the safety of items left on their property's curb. Did you inform the city about the furniture you left on the curb?
No
In New Jersey, it's the homeowner's responsibility to inform the city about large items left for pickup. The nearest court is Passaic County Small Claims Court, contact: (*) *-*.