QUESTION

Am I liable for the damage cause by the canopy if we were all using it?

Asked on Jun 25th, 2013 on Personal Injury - South Carolina
More details to this question:
I brought my canopy to a kickball tournament as a request from my team. We set it up but the canopy didn't come with stakes and during a game it blew over and damaged one of my teammate’s cars.
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7 ANSWERS

Personal Injury Attorney serving Midvale, UT at Arrow Legal Solutions Group, P.C.
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Did you know or should you have known it was foreseeable that it would cause this harm? If the answer is yes you lose if no you win. I'd say you win. I'd report it to your homeowners insurance and let them determine what they want to do.
Answered on Jun 26th, 2013 at 8:29 PM

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James Eugene Hasser
Only if you were negligent in setting it up or otherwise.
Answered on Jun 26th, 2013 at 10:37 AM

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Ronald A. Steinberg
If you knew that it was missing stakes but you set it up anyway, you are liable.
Answered on Jun 26th, 2013 at 10:15 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Where damage is concerned the question is always negligence. Was anyone negligent?
Answered on Jun 26th, 2013 at 9:56 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Have the teammate make an auto insurance claim and they will pay, and then sort out the liability.
Answered on Jun 26th, 2013 at 9:31 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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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

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It was reasonably foreseeable that the canopy would be blown away so you seem legally responsible for the damage
Answered on Jun 26th, 2013 at 9:30 AM

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