What to do if during a wind storm my car was damaged by a trampoline that blew over from my neighbor 2 doors down?
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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 11 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.
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