Bear in dumpster startled California man who then hurt himself in fall. Now he’s suing
A tourist is suing after he was frightened by a bear in a dumpster at a north Lake Tahoe town in Nevada, court documents show.
John Donaldson alleges he sustained injuries to his leg and spine that required surgery after his fall at Incline Crest Condominiums in Incline Village on Sept. 5, 2019, according to court documents obtained by Courthouse News Service.
The complaint was filed Thursday by Donaldson’s attorney, Steven M. Hess.
Donaldson said he was walking his dog when he went to throw away a doggy bag at a dumpster, court documents said. He tried to open the garbage latch, but it wasn’t working properly. After some fiddling, he opened the door and saw a bear inside the container.
Frightened by the animal, he turned to try to run. Instead, he tripped on the ground, twisted his left ankle and leg and fell on his back.
According to the lawsuit, doctors later diagnosed him with a full-thickness tear to his Achilles tendon and a spinal cord compression — both caused by his fall.
Donaldson underwent surgeries for both injuries in the months following his tumble.
He’s suing Incline Crest Condominiums Association Number One and Waste Management of Nevada, Inc. for $15,000, including punitive damages and other attorney fees.
Incline Crest did not immediately respond to McClatchy News’ request for comment.
Donaldson alleges Incline Crest knew the town had a bear problem and was supposed to provide wildlife-resistant dumpsters.
He also says permanent residents and employees were aware of the “malfunctioning” dumpsters for several months before his injuries, according to the court filings.
Incline Crest replaced the dumpsters after Donaldson’s incident, court documents show.
The tourist is also suing the waste management company that provided the dumpsters to the condominiums because they didn’t replace the defective waste container.
Waste Management declined to comment, citing pending litigation.
Bear sightings in the Lake Tahoe-area are common. There are up to 35,000 black bears living in California and an estimated 600 black bears in Nevada.
Feeding bears is deadly for the animals. “A fed bear is a dead bear,” California Department of Fish and Wildlife said.
Once a bear learns they can obtain food from people, they can become aggressive and bold, the agency said, leading wildlife officials to take fatal steps to protect residents and visitors.
Incline Village Public Works recommended residents keep trash in locked metal containers such as a bear box or shed.
“Bears that are accustomed to getting food from human sources, such as unlocked dumpsters, can become too bold and lose their fear of humans,” the department wrote.
This story was originally published August 17, 2021 at 11:39 AM with the headline "Bear in dumpster startled California man who then hurt himself in fall. Now he’s suing."
