Question
Arizona
During a rainshower, the neighbors trampoline blew into the air and landed on my house damaging the roof and busting out a window. The trampoline was unsecured. There were weather warnings, and it is monsoon season. Are they liable for damage caused by their property? Their insurance says they owe nothing as it was an act of god. My insurance will pay, less my deductible.
SherryUNCG
Answer
Originally posted by sherryuncg
Arizona
During a rainshower, the neighbors trampoline blew into the air and landed on my house damaging the roof and busting out a window. The trampoline was unsecured. There were weather warnings, and it is monsoon season. Are they liable for damage caused by their property? Their insurance says they owe nothing as it was an act of god. My insurance will pay, less my deductible.
SherryUNCG
My response:
If it was a tree that blew down on your home, I may find it necessary to agree with the insurance company. A tree is a "natural" thing, that grows and bends, and does what trees do.
However, in this specific case, I must agree with you, the homeowner. A trampoline is not "natural". It would be "reasonable" to expect that a trampoline would be anchored to the ground because it is a known, meteorological phenomena for both Arizona and California to experience high winds during the current season. Since the weather is "reasonably" expected, including the high winds, "a reasonable person" would have anchored the trampoline.
I would sue the other homeowner in Small Claims court for your deductible - - the basis of which would be the other homeowner's negligence for failure to do what a "reasonable person" would do under the same or similar circumstances.
IAAL