QUESTION
Am I liable for damage to my neighbor car due to my rain gutter falling on his car in hurricane sandy (wind damage)?
Asked on Nov 10th, 2012 on Personal Injury - Florida
More details to this question:
My rain gutter along with parts of my roof was blown off in hurricane sandy. The rain gutter ended up hitting my neighbor’s car parked in their driveway. Am I liable for any of the damages?
15 ANSWERS
Ronald A. Steinberg
Report it to you homeowners insurance company. I kinda doubt it, because it was an act of nature, but the insurance company would be best able to answer.
Answered on Nov 29th, 2012 at 7:38 AM
This is an interesting question and one I would say you will not incur liability, unless no one else's rain gutters were blown off and your's was so poorly maintained that it amounted to negligence.
Answered on Nov 14th, 2012 at 5:39 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Maybe, if it can be shown that the rain gutter was negligently attached to the house and that is why it was blown off. Otherwise, it may be the result of an "Act of God" which would not make you liable.
Answered on Nov 14th, 2012 at 4:09 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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No. It is an act of God over which you had no control.
Answered on Nov 12th, 2012 at 5:33 PM
Michael J. Breczinski
Hurricanes are acts of God and usually that makes you not liable.
Answered on Nov 12th, 2012 at 5:32 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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I cannot answer your Question as Nebraska, the State you selected when asking your Question, was not affected by Hurricane Sandy. Attorneys can only offer legal advice for cases in States in which they are licensed to practice in or they would be committing the unauthorized practice of law. I am not licensed in any State affected by Hurricane Sandy. You should re-ask your Question and select whatever State you live in.
Answered on Nov 12th, 2012 at 5:31 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No. The hurricane was an act of God which excludes personal liability. He should file a claim with his homeowners insurance company. If he persists, call your home insurance company and report his demands and let them handle it.
Answered on Nov 12th, 2012 at 5:31 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes
Answered on Nov 12th, 2012 at 5:30 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Doubtful. The neighbor would have to show that it was in a defective condition before Sandy, and that's why it came off when Sandy hit.
Answered on Nov 12th, 2012 at 5:30 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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This is why you have insurance on your home.
Answered on Nov 12th, 2012 at 5:30 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Your insurance should cover it.
Answered on Nov 12th, 2012 at 5:29 PM
Steven D. Dunnings
Not necessarily, no negligence, act of God.
Answered on Nov 12th, 2012 at 5:29 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Hurricane damage is generally considered an "act of God" and not considered negligence. If your gutter was in bad repair and that is the reason it fell that may be another matter.
Answered on Nov 12th, 2012 at 5:28 PM
You should contact your homeowner's insurance company to report the damage and to see if it is covered.
Answered on Nov 12th, 2012 at 5:28 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You are not responsible for "acts of God" and other naturally occurring disasters, so the fact a hurricane blew your gutter off would not make you responsible for the damage to their car.
Answered on Nov 12th, 2012 at 5:28 PM