Question
What is the name of your state? New York City, NY
A neighbor has an awning 4 floors directly above mine. We were aware of the possibility of snow sliding off, but weren't able to contract the proper fix (most awning companies had no idea about 'snow guards' or 'fences' 'skirts') before snow (frozen and hard as ice) from her awning slid of onto mine, causing significant damage (cracks and big perferations) to the panels.
Her insurance rep claims she's not responsible since we both were aware of this issue ("we were both on notice" in her words).
My reasoning is if that ice fell directly ontop of a person causing physical damage, would their first question be what the person was doing there, whether they were a legal citize, etc?
Of course not. Clearly liability would have been with the owner of the awning and all medical costs would have been covered by insurance. And if snow slid off my awning, I'd be expecting to be held fully liable.
Yet her insurance co. doesn't see it that way somehow. Somehow the idea of liability changes when the snow hits another awning. And the fact that they were installed by the same company somehow ties into this also.
They offered to cover a bit more than half of the cost for repair as part of their 'goor neighbor' policy). But that still leaves just under a thousand out of pocket for me.
Am I severely misguided in believing my neighbor is fully liable for damage to my awning, regardless of circumstances 4 floors below ('on notice' thing)?
So far I've only been accepting what they told me. Should I start getting more forceful? Would I have a case in small claims?
Thank you for reading this.
EDIT: I do not currently have homeowner's insurance.
Answer
There is no snow this time of year.
Haven't you been reading about global warming?
It's getting warmer, not colder and all this snow and freezing is just a communist plot. Or maybe a n a z i plot. Anyway, it's someone's plot.
BUT...what you should do is sue the bad person in small claims.
Answer
They would be wise to retire 'global warming' and promote 'climate change.'
So I would go after my neighbor, not the insurance company?
Answer
They would be wise to retire 'global warming' and promote 'climate change.'
So I would go after my neighbor, not the insurance company?
Of course you'd go after your neighbor. The insurance company didn't put up the awning
Answer
The same company installed both awnings, and the insurance rep said the company installed incorrectly, in that the top one should extend out over mine so that mine wouldn't be in its path.
So how about going after the installer?
Answer
The same company installed both awnings, and the insurance rep said the company installed incorrectly, in that the top one should extend out over mine so that mine wouldn't be in its path.
So how about going after the installer?
Name them as co-defendants...Let the small-claims court figure it out
Answer
Where in the city are you permitted to have a 4-story high awning? I would imagine that required a variance which might have had additional installation requirements (something to check at the Dept. of Buildings).
How long after the snowstorm did the snow fall onto your awning? (e.g. was it still snowing at the time?)
And while I concur that you should sue the neighbor and the installation company in small claims (http://www.courts.state.ny.us/courts/nyc/smallclaims/index.shtml), without seeing the awnings as they are installed, I'm still not sure where the negligence comes in - gravity exists everywhere and snow falls down.
Answer
...gravity exists everywhere and snow falls down....
YAG, you have not been keeping up with your quantum mechanics!
Answer
It was a day or two after the last batch of snow we got in the city.
I don't believe there is a permit for the awning on 7th. I'm on 3rd and have a permit. I'm sure that would be in my favor in court, too.
As far as gravity, say you put up scaffolding over a sidewalk. If it collapsed and crushed a person, would you blame it on forces of nature/God? 'Course not. If the scaffolding that you put up was not there, injury wouldn't have happened.
Thanks for the replies, guys.
Answer
As far as gravity, say you put up scaffolding over a sidewalk. If it collapsed and crushed a person, would you blame it on forces of nature/God? 'Course not. If the scaffolding that you put up was not there, injury wouldn't have happened.
Sorry - you are mixing apples and oranges here