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!
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!