Durning a storm, my neighbors lawn chair was blown up and hit my house, damaging my siding…is my neighbor liable for the cost of repairing my siding

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Durning a storm, my neighbors lawn chair was blown up and hit my house, damaging my siding…is my neighbor liable for the cost of repairing my siding

Asked on June 15, 2009 under Insurance Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Hard to say. Liability for accidental damage like that is based in negligence, which means that if your neighbor was more careless than the average or reasonable person, then they may be liable. But is it careless to have a lawn chair outside, even if a storm is coming? Most people don't move all their outdoor furniture in just because of bad weather. If you've previously had issues with objects and furniture blowing from your neighbor's yard to yours, and you've made them aware of that before, then they might be liable--in that case, they would have been put on notice that there was a concern and they need to relocate, anchor, etc. their outdoor belongings. However, absent that, then I suspect there's no liability and you best bet may be to submit an insurance claim on your homeonwer's policy.


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