Can I file a settlement for damage for an "act of nature" event?

Question

During a windstorm, the neighbour’s trampoline blew into my home damaging the gutters and porch. His insurance claims he is not liable.  The neighbour had the trampoline secured but not properly enough to avoid this. Though the trampoline may have been anchored, I believe it still incumbent upon the owner to be certain that this "act of nature" could not have caused this damage. In addition, I know just because an insurance company denies settlement does not exonerate the neighbour of liability.  I am considering filing this in small claims. Do you feel the neighbour is neglectful and that I should be awarded the settlement for damages to my home?

Melvin Franke · Answer

It is what a Judge decides.

Jared Altman · Answer

It'll be up to the judge. Go for it.

Gregory Crain · Answer

Yes.

Jeffrey Lapin · Answer

Generally, people are not responsible for extraordinary "acts of nature." Whether your neighbor is liable really depends on a couple of factors: (1) whether the "anchoring" done by your neighbor was "reasonable," that is, was adequate for normal Nebraska wind and weather; and (2) whether the particular windstorm was extra-strong and not forecasted to be as strong as it was. If your neighbor did not do a very good job anchoring the trampoline and the windstorm was forecasted and was not extra-strong or out of the ordinary, your neighbor might be liable for the damage to your home. If the neighbor did do a good job securing the trampoline but the wind-storm was extra-strong and unexpected, then your neighbor is not likely responsible.  You might want to consult with an attorney to further discuss your case, rights and options.

Mark Leonardo · Answer

Have you turned this into your own homeowners insurance?  You might get their assistance to persuade your neighbors carrier that they should pay.  If your carrier pays you, they may go after the neighbors carrier for subrogation.  If they collect, they would reimburse you your deductible if one applies.  I would try that avenue first before suing.

Dennis P. Mikko · Answer

There are many missing facts that would have to be considered to determine liability.  However, just because an insurance company will not settle, that does not mean you don't have a claim.

Ronald A. Steinberg · Answer

Go to your own insurance, and then let them worry about it.

Larry Klein · Answer

I do not have enough of the facts to know if the neighbor was negligent in the way he secured his trampoline.  To win the case, you would have to prove the neighbor was negligent.  Just because this happened does not automatically mean the neighbor was negligent.  You have to prove that to win your case.  The insurance company denying the claim has no bearing on the ultimate question of whether or not the neighbor was negligent should you decide to file a lawsuit.  Small Claims is a good place to file as long as the amount you are seeking to recover does not exceed the jurisdiction of the Small Claims Court.

Andrew Myers · Answer

You have answered your own question. Just because an insurance company denies settlement does not exonerate their insured from liability.  File this in small claims.  Insurance companies are in delay, deny defend mode and unless you advance the issue, they will continue to push you away.

William C. Gosnell · Answer

Yes, negligence for not securing it.

Thomas Patton · Answer

The answer will likely turn upon the question of whether the wind was "foreseeable." If the wind storms in your area are commonly of a similar strength, then yes, your neighbor will likely be liable. If the wind strength that day was extremely rare, then the court would likely say that the wind on that day could not have been reasonably foreseeable.

Paul Whitfield · Answer

There is a defense. Act of God, which covers tornadoes, storms, floods etc. that is what the carrier is asserting. If you show what the neighbor did was NOT reasonable you might prevail. He is not required to anticipate such a catastrophe sand guarantee anything. He only has to do what is reasonable.

David Stoddard · Answer

I don't, but a jury might.  It does seem to be an unforeseeable act of nature to me.

Michael Heilmann · Answer

It is not an act of nature when someone forgets to put down stakes to tie down a trampoline. It is expected during wind that it can move. The insurance company is trying to rip you off.

Andrew Velonis · Answer

The question in court will be whether your neighbor acted as a reasonably prudent person under the circumstances.  If he knew or should have known that the trampoline was likely to be blown over to your property and failed to take steps to prevent it, then he can be held legally liable.  Once he says he anchored it, the question is whether he did a reasonable job of doing so.  He is not required to prevent the occurance, only to take reasonable steps to prevent it.  You should file the claim with your insurance company and let them deal with it.

Michael Yeksavich · Answer

If his insurance carrier has denied liability then all that is left is to sue and let a court determine liability.

Bernard Huff · Answer

Contact your insurance company to see if it will take care of your damages and go after your neighbor for reimbursement.

Barry Rabovsky · Answer

We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.

Joseph John Ganz · Answer

In my judgment you have a viable claim for negligence and should consider a small claims filing. However, having said that consider the effect on neighbor relations. You still have to live there and get along but, so does your neighbor.

Matthew Kober · Answer

Possibly.  The courts would look at what the reasonable person in his situation should have done. If he did what a reasonable person would have done then he's not liable.  If he should have done more, then he could be yes.

James Kelaher · Answer

If the wind blew the trampoline into your yard, damaging your home, his insurance company should pay. However, as we all know, insurance companies do not part with money unless you're on the verge of prying it from their fingers. Go ahead and file in small claims court, unless the value of the damage to your home exceeds $5,000, in which case you'll have to file in County Court.  You can't sue the insurance company directly, only your neighbor, and the insurance company will provide a defense. I would discuss this with your neighbor first and tell him (or her) that their insurance company is making you do this because they refuse to pay. (in the interest of domestic tranquility)

James Osak · Answer

Take it to small claims and you'll know your answer when the judge rules.

Keven A. McKenna · Answer

Was it foreseeable? Did the neighbor take a reasonable act to secure the harm from happening or not. Those are the questions.The insurance companty's point of view is meaningless unless it is your own company and then you may wish to sue your own insurer.

Stuart Nachbar · Answer

yes, you can sue for damages, but the act of nature or as we call it ?act of God?, could be used as a defense.  I would suggest that if you file suit, be prepared to mediate it.

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