This is one that could go either way. You are liable only if you were negligent. What constitutes negligence is ultimately decided by a jury. The other person could argue that you were negligent in not putting down stakes. You could argue that you used it the way it was intended, and that it didn't come with stakes. If it was a heavy wind, you could argue it was an act of God. A compromise may be to pay the dectable if the other person puts it on his/her insurance. If the damage does not reach the deductable, or the other person has no coverage for this type thing, perhaps offer to pay half. You could just take the position that it is not your fault and let the other person decide what action to take.
Answered on Jun 26th, 2013 at 9:30 AM