Trampolines

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MikeMoll

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Question:

Neighbor across the street has a trampoline that, during a windstorm, blew through his wooden fence and crashed into my garage door. Total damage from that was close to $2,000. His insurance company is refusing to pay for it. I've got a $500 deductible on my insurance and asked the neighbor to pay half. He agreed and two days later called my wife and then refused saying it was an act of god.

First, is this guy liable due to the fact that:

1. The newscast of the storm specifically stated that anyone having trampolines should turn them upside down.

2. His wife called him from home three times, the first two to tell him that the cover of their hot tub kept blowing off and the last to tell him that their trampoline crashed into our garage.

3. The trampoline was not secured to the ground.

I'm considering small claims court for the entire amount since this guy has been so disagreeable.

Thanks for the help!
 
hm, this is a very tricky one. The case hinges on the foreseeability of the elements here:

-was it foreseeable that the storm occurred
-was it foreseeable that the trampolin would cause damage

Usually the rule is: even if the defendant is negligent (here for example by not securing this trampolin), if the event, that triggered the problem, is "extraordinary" and thus unforeseeable then it it is a so called "superseding cause" and absolves the defendant from liability. Nature events such a storms, earthquakes etc. often are held to be such unforeseeable "Acts of God."

Of course, this can always be argued and it is the minute details of a case that can make the difference: if it can be argued that the neighbor should have foreseen the storm and should have foreseen that in the storm the trampolin could fly and cause damage, then he would have been negligent not to have it fastened and therefore he would be liable.

Now, I don't know the details of the case and cannot give you an evaluation of the case here anyway, but you see where this leads to. If this was a storm which was broadly announced in all the media, where people really were afraid and prepared their homes or even prepared evacuation, like those situations in Florida, when you see whole towns preparing for a hurricane, then you could argue: well, since everybody knew about it it was foreseeable. But if this was just your run of the mill storm that sometimes happens, foreseeability will be a big propblem here.

So yes, you can argue a case like this, but you very likely would need an attorney to do that, especially if your neighbor or his insurance will have an attorney, and if the cost and risk of this is worth the $ 500 at stake is a decision you must make.
 
As usual, NYClex has a great answer. I'd say that with damages this small I'd just go to small claims court and have someone decide who is right as a matter of law. I wouldn't be surprised if it gets split right down the middle regarding damages (especially in front of an arbitrator) but what can make or break your case are specific warnings with regard to trampolines and other items that may have been broadcast/publicized in your area. Those items are not too popular in the big cities, especially given the limited yard space!

Let us know how things turn out... and remember that there still is a relationship that is left with your neighbor and to the extent it can be amicable (let the judge/arbitrator decide) it might be a good approach to take without as much animus. This one is not so easy as others...

Originally posted by MikeMoll
Question:

Neighbor across the street has a trampoline that, during a windstorm, blew through his wooden fence and crashed into my garage door. Total damage from that was close to $2,000. His insurance company is refusing to pay for it. I've got a $500 deductible on my insurance and asked the neighbor to pay half. He agreed and two days later called my wife and then refused saying it was an act of god.

First, is this guy liable due to the fact that:

1. The newscast of the storm specifically stated that anyone having trampolines should turn them upside down.

2. His wife called him from home three times, the first two to tell him that the cover of their hot tub kept blowing off and the last to tell him that their trampoline crashed into our garage.

3. The trampoline was not secured to the ground.

I'm considering small claims court for the entire amount since this guy has been so disagreeable.

Thanks for the help!
 
Trampoline

Hello,

Just got my answer--I spoke w/ the Insurance Carrier Branch Manager and advised him of the events. He has authorized his adjuster to cut us a check for the deductible. He seemed very interested in the fact that the wife called the husband twice prior to the trampoline flying through the air (forseeability?) and the fact that she didn't think to secure other items in the yard.

I'm glad I didn't have to go to small claims over this, but it certainly is a shame that people have no common decency any longer.

Thank you for your replies.

M. Moll
 
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