In harsh weather conditions it is not unusual to place a full Valorlux bag outside overnight, only for it to have disappeared the next morning, carried away by the wind. The best-case scenario is that the bag remained closed, but in some cases it can split open, scattering rubbish across the neighbourhood. Strong winds like the recent storm experienced in Luxembourg on Friday can even carry away black plastic bins, or Christmas trees discarded after the festive season.
Who is responsible for the mess caused by this phenomenon? RTL spoke to lawyer Maître Jean-Jacques Schonckert to establish the legal position.
In principle, everyone is responsible for their own belongings. If a person places their Christmas tree outside their home, they are liable if it is blown away. In the case of rubbish bins, it is usually easier to identify the owner, as in most cases these are labelled with names or addresses. Whilst some people may like to argue in favour of force majeure, often weather conditions are signalled in advance, like in the case of weather alerts, and the public are required to take the necessary precautions. This means ensuring their bins, Valorlux bags, or other debris are correctly secured.
What happens if damage is caused by blown-away rubbish? One must rely on people’s honesty. For example, if a Christmas tree blows away and hits someone’s vehicle, they must be able to prove where it came from. But on the other hand, the owner should be honest and admit it was their tree. In order to repair damages, one has to be able to identify the owner of the item which caused the damage.
In these cases, the damage is not considered to be criminal. Any damage should be reported to insurance companies, who will perform the necessary investigations. In the instance of a Christmas tree, for example, owners should not be afraid of obtaining a criminal warning if their belongings caused damage.
For Valorlux bags, owners should assume responsibility. When placing the bag outside, they should ensure it is secure and properly closed. In windy conditions, they should secure the bag so it does not blow away. If a bag is blown open by the wind, the best practice is for the owner to clean up any plastic mess themselves.
