What to do if during a wind storm my car was damaged by a trampoline that blew over from my neighbor 2 doors down?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if during a wind storm my car was damaged by a trampoline that blew over from my neighbor 2 doors down?

The neighbor’s insurance will not cover the damage due to the wind gust of 70 mph. Can I pursue the neighbor for my out of pocket expenses insurance deductible?

Asked on September 25, 2012 under Insurance Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can only sue your neighbor for your out-of-pocket losses if you can show that the neighbor was unreasonable careless, or negligent, in how the trampline was set up or secured. For example--and not owning a trampoline myself, I have no idea if this actually the case--say that a trampoline like this one should be secured by stakes (like tent stakes) driven into the ground. If the neighbor did secure  it the right way, but the wind was so strong as to rip it out of the ground anyway, there is no liability--the neighbor did nothing wrong and is not at fault. On the other hand, say that your neighbor did not drive stakes in to secure the trampoline: the failure to take such a basic precaution could be negligence and could give rise to liability. So the key issue is whether the neighbor did what one is supposed to do with or for a trampoline of this type.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption