QUESTION
Am I liable for damages caused by an act of nature? How?
Asked on Jun 29th, 2015 on Personal Injury - Montana
More details to this question:
My canopy blew over and landed on my neighbors roof. It caused very minor damage but they want me to pay to get it fixed. Am I liable for the damages if the wind blew it, since that is an act of nature?
8 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You could very well be liable. If an object leaves or escapes from your property and causes harm, as between you and the victim, you are the more negligent. Nature helps cause lots of problems, but if you are the person who might affix or tie down or hold in something from your property, you could well be held liable. Good Luck.
Answered on Jun 30th, 2015 at 10:25 AM
Ronald A. Steinberg
Contact your homeowners insurance company and report the incident. I guess it depends on whether or not the canopy was properly installed. If there was negligence, then you probably would be responsible, but if it was properly constructed and fastened, THEN it probably would be considered an Act of God. In any event, notify your homeowners insurance company.
Answered on Jun 30th, 2015 at 9:10 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You are probably liable, here's why: in this day and age, we have plenty of warning about impending weather conditions. The term "canopy" implies something that can be put up and taken down fairly easily. So, by not taking downt he canopy, you caused the damage. Turn this over to your homeowners insurance company.
Answered on Jun 30th, 2015 at 7:06 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Generally you would not be liable unless you were negligent in some fashion. However, any liability should be covered by your homeowners insurance.
Answered on Jun 29th, 2015 at 9:21 PM
James Eugene Hasser
You may be liable and you may not, depending on the circumstances. The claim is probably covered by your homeowners insurance. Consider consulting your insurance agent and/or making a claim. If you make a claim, they will assign an adjuster to the file to investigate liability. They will also provide you with a defense lawyer and pay any settlement or judgment up to the limits of the policy.
Answered on Jun 29th, 2015 at 9:17 PM
The wind is natural, but if the canopy was not properly secured against the wind that would be the negligence of the person who secured it. If this was a gust of wind rarely seen in your area, there might be no negligence, but if you could reasonably foresee that strength of wind it is your fault.
Answered on Jun 29th, 2015 at 9:00 PM
Edwin K. Niles
It?s a question of negligence; a failure to use reasonable care. Should (could) you have foreseen this event? If so, you might be at fault. Check your homeowner?s policy to see if you have liability coverage..
Answered on Jun 29th, 2015 at 8:53 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Turn the claim over to your home insurer or pay to repair it yourself.
Answered on Jun 29th, 2015 at 4:51 PM