who would be liabile? for any or if any damage.?

owner of house cutting grass on his property,a vechile was parked on street in front of the house. The owner was cutting the grass for at least 35 minutes. looking around for any signs of vechile owner. Finally the owner of the car appreared , she was upset because some of the grass was on her car. She took the car to her dealership and came back up set saying that theur was some small dincks on her car and wanted the property owner to pay the deductible on her insurance to have it fixed. You could verly see anything of damage. The owner of the house refused that he didnt do any wrong doing

Asked on June 3, 2009 under Accident Law, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The question is what should a reasonable person cutting their grass do in a situation like this.  a reasonable person cold simply stop mowing the lawn and wait for the person to return to their car.  That is an easy way to have avoided this situation, especially since the person mowing the lawn knows that he is causing grass and whatever small rocks to fly into the street (OFF HIS PROPERTY).  Therefore, i think that the person with the car has a decent case, unless the person saw the guy mowing the lawn and took the risk of her car getting hit.  I say the person with the car has a chance of winning depending whether she parked before the guy was cutting the grass.


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