A California man has filed a $15,000 lawsuit against a condo association over injuries he sustained two years ago while fleeing from a bear which had been in a dumpster in Lake Tahoe, Nevada.
John Donaldson says he twisted his ankle and fell on his back while running from the animal, which startled him as he went to throw away some trash.
Donaldson, from Davis, California, was vacationing at a cottage in the Incline Village area with his wife.
He says he received spinal surgery and surgery for a torn Achilles tendon after the fall.
In the lawsuit, filed in Nevada's second judicial court, Donaldson's attorney Steve Hess names Incline Crest Homeowners Association Number One and Waste Management of Nevada as the defendants.
Donaldson argues that his fall could have been prevented if the latch on the dumpster worked effectively as it had trouble shutting, allowing the bear to hide in the dumpster.
On September 5, 2019, Donaldson walked towards the dumpster to dispose of waste from his dog, which he had just been walking, The Guardian reported.
When he opened the dumpster, the bear charged at Donaldson.
When he was running for his safety, Donaldson stumbled and twisted his ankle, before falling. He is now seeking $15,000 in compensation and the additional attorney's fees, court's cost and punitive damages.
He accused Waste Management of Nevada of negligence for not fixing the dumpster as the defective latch was 'visibly apparent to garbage truck drivers.'
He also blamed the Incline Crest HOA for not reporting the malfunction to Waste Management of Nevada.
John Donaldson, from Davis, California, fell onto his back when he was fleeing a bear hidden in a dumpster in the Incline Village (FILE IMAGE)
Bear sighting in the Incline Village is very common, with many breaking into residents' homes and rummaging through trash
Bear attacks in the area are not uncommon. Although it is predominantly trash related, in recent years there has been a rise of bears breaking into residents' home.
Because of the history of bears rummaging through trash in the area, Incline Crest was required to provide wildlife resistant dumpsters, the August 12 lawsuit read. Allegedly, a performance review conducted a year prior to Donaldson's accident had revealed quality problems in the dumpster.
Hess and Donaldson also said that residents backed the claim that it was common knowledge that the dumpster had been damaged for months, and that while year-round residents were aware of the malfunction, the Incline Crest HOA and Waste Management of Nevada failed to inform visiting residents like Donaldson.
Donaldson says that Waste Management of Nevada and the Incline Crest Homeowners Association could have prevented the accident by having functioning dumpsters and were negligent in not making him aware of the latch's malfunction
Donaldson argued in the suit that while yea-round residents were aware of the malfunction, guests like him were not warned
According to the lawsuit, Donaldson struggled with the latch before opening the dumpster.
The dumpster was inspected after Donaldson's injuries, and it was discovered that in order to close it, the door had to be slammed shut.
It is also mentioned that after the incident, the Incline Crest HOA requested a new dumpster, and Waste Management delivered an even more damaged one, before replacing it with a functioning one.
In the days following the fall, Donaldson had a full-thickness tear of the Achilles tendon and a spinal compression.
Requests for comment from the Incline Crest HOA, Waste Management of Nevada and Donaldson and his attorney have yet to be answered.
