Document the damage and then call your homeowners insurance company to ask for guidance. one neighbour is threatening to sue me for negligence even though my trampoline was anchored down. ","acceptedAnswer":{"@type":"Answer","text":"The issue is whether they *were* negligent in not securing their trampoline. my neighbours bought a small trampoline for their 3 loud sons to use at the end of their garden but close to the 6' fence. In the opposite case—a tree from your yard causes damage to the property next door—it’s up to your neighbor to put in a claim with his or her insurer. authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. If they bounced extra hard they might just peek into my garden. While you might think that if your neighbour causes damage they’re responsible for putting it right, it isn’t necessarily this straightforward and depends completely on the circumstances. {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"If aneighbor’s trampoline was thrown into our house and carport during a storm and insurance says it is “Act of God”, what can I do? Repair vs Total Loss (2009 Mazda 3 Hatchback Sport). 5 Good driving habits to save money on car insurance, Why should you transfer funds from IRA to HSA? What is a fair demand for my uninsured/underinsured claim? Tell them the trampoline smashed into your house and was destroyed by the impact. If the fence belongs totally to you, your neighbor is in even deeper trouble. Negligence is based on the hypothetical average "reasonable person." But if the average reasonable person would not have done those things, then they would not be liable--it doesn't matter if in hindsight they should have done so, or if a very cautious or wise person would have (it's just the average reasonable man or women that's used as a yardstick). Our insurance will fix everything but we have to pay a deductible and our rates will go up. like tcope has said, it is possible to secure the tampoline to the ground, and you should have done so! A claim in the record would definitely affect the future premiums. My neighbor's dilapidated, partially erect, unanchored trampoline in his back yard was caught up by a gust of wind on a breezy day (wind approximately 20 mph). Posted: Sun Mar 29, 2009 09:47 am Post Subject: like jeorge said, there's a similar discussion regarding this issue and you might want to take a look at it. Laws may vary from state to state, and sometimes change. information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you. As the previous post said, they might pay for the damage even if they didn't know about it. The neighbor retrieved the trampoline without bothering to inform us of the incident. Trampoline was not staked down - I've never seen anyone stake down a trampoline since they are so heavy. Damage from neighbor's trampoline. So unless your neighbour agrees to pay out of their own poc… Some of the most common negligence claims against homeowner insurance policies include things like dog bites (or other animal bites), slip and fall injuries, or poorly maintained trees that fall over and damage a neighbor's adjoining property. Posted: Thu Mar 19, 2009 10:12 am Post Subject: Well, it might depend upon the volume of damage. This I could accept. The collision broke a fence, 2 windows, the roof, damaged our carport. Negligence is based on the hypothetical average \"reasonable person.\" If the average reasonable man or women would have staked down, chained up, put away, etc. To answer these questions, we need to go back to basics. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. You can sue a persono even if their insurer refuses to pay, so if you think you might have a case, you should consult with an attorney who can listen to all the facts, provide a detailed evaluation, and, if you go forward, represent you. Answer: If your neighbor’s property is damaged by your tree, then he should file a claim with his insurance company. If the total worth of damages is less than the deductible level, then you might wish to settle it out-of-pocket. Your renters policy should cover the damage to the other partys (neighbor) no problem under your personal liability...as to the tramp, it will depend on the perils your policy protects your personal property from and why it took flight. Are you liable to pay taxes on insurance settlement? Good luck. And, thus can avoid the claim to go in your record. Your neighbour will not be liable for the damage caused to your property as no-one is held responsible for damage, such as storm damage, caused by so called ‘Acts of God’. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. If its a private person, the possibility of injury liability may make them tell the people to remove the trampoline altogether. High winds blew my trampoline and damaged neighbor's home. You may choose to sue the neighbor in small claims court for the loss of enjoyment of your property, but this will not result in the removal of the fence. I've never seen anyone stake down a trampoline since they are so heavy. If you find a leak in your house caused by your neighbour, for example, their home insurance policy may not pay out if the cause of the damage is poor maintenance of their home. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. If your neighbor is using the fence--that is, if his property is also enclosed by it-- both of you are responsible for taking care of it. Quotes and offers are not binding, nor a guarantee of coverage. If the tree damages his house … For a property owner to be liable for trampoline-related injuries, the owner’s negligence must have actually caused the injuries. Since the house is being rented, your best short term option may be to contact the owner of the property, and let them know of the complaint. Posted: Thu Mar 19, 2009 10:03 am Post Subject: You may be interested in reading the following discussion where another member has discussed a situation similar to yours. But if the average reasonable person would not have done those things, then they would not be liable--it doesn't matter if in hindsight they should have done so, or if a very cautious or wise person would have (it's just the average reasonable man or women that's used as a yardstick). The neighbor on the other side of our lot saw it happen and informed us. Prior to lockdown we all got along fine for well over 8 years but now all my neighbours really seem to resent me and my kids which is such a shame and quite upsetting. Take photos of your damaged vehicle, save any photos you've already taken showing the trampoline on your vehicle, and save any estimates you've already gotten. Generally you should look to your own insurance company to cover the costs of removing the tree and repairing the damage. You can sue a persono even if their insurer refuses to pay, so if you think you might have a case, you should consult with an attorney who can listen to all the facts, provide a detailed evaluation, and, if you go forward, represent you. How can auto insurance demand second EOU? For example, imagine an owner leaves a small ladder next to a trampoline. Unlike the Mr Croucher claimed his neighbours have moved the trampoline, which has caused problems. Killing the life insurance myths that hurt young families. So my neighbor from 2 houses to the north of mine did not secure his trampoline in his back yard. have you discussed this issue with your neighbour? 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 … Fencing between houses If you are a property owner, you and your neighbour have equal responsibility for the dividing fence between your properties. http://www.ampminsure.org/home/renters-replacement.html. A neighbor did not secure their large trampoline after multiple warnings of a severe thunderstorm. Picnic tables, patio chairs, childrens toys, trampolines, etc, that get blown by high winds, are NOT the responsibiltiy of the property owner. IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The collision broke a fence, 2 windows, the roof, damaged our carport. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Disclaimer: Posted: Fri Mar 20, 2009 03:05 am Post Subject: It could be filed under either and I would see your company accepting liability for the reasons that tcope stated. Position your trampoline thoughtfully Garden trampolines are great for keeping the kids entertained. in any case, if you're thinking of retaining the trampoline (if it is not damaged), or getting a new trampoline, then you should secure it to the ground to prevent such cases from occuring again. my neighbours are understandably angry. Recently, my neighbor assembled a trampoline and I'm sure it's a couple of feet on my property. a strong gust of wind could easily lift a trampoline and send it flying across the street. They aren't liable for the damage to your roof as it was an "act of god" (storm debris). Why and when should you buy an earthquake insurance? When someone gets hurt on a trampoline, it doesn't always follow that someone else will be on the legal hook. 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