E
Erasure
Guest
This is in Illinois and it occured on Sunday 2/25/01:
My Question is: We live in an apartment complex across from the clubhouse and pool. The apartment complex has had a contractor doing some construction work on the clubhouse for several months now. The contractor left a large pile of vinyl siding outside of the clubhouse on the pool deck. The pool is fenced in and is bordered by parking which is where we park our cars. Over the several months that this construction work has been going on, siding from the pile has blown on to the cover on the pool, but has never been removed or secured down with anything after being blown around, it has just been put back in the pile. Last Sunday, 2/25/01, we had very stong winds, 40-50 mile an hour gusts, and this pile of unsecured vinyl siding blew all over the complex courtyard. When we went outside to leave for the day a piece of this siding had blown up against our truck and scuffed and dented the drivers door, and this piece of siding was now lodged beneath the truck on the drivers side. We did not move anything, we immediately called the complex office and reported the damage. We also got our camera and took about 20 pictures of the damage and all the pieces of siding scattered all over the couryard. The complex sent out a maintenance person who removed the piece of siding and looked at the damage. He proceeded to collect the rest of the debris around the courtyard and told us to call the apartment manager on Monday morning. We called Monday and the manager told us to get a police report, which we did. The apartment office called us back today, Thursday, and the apartment manager said that this was an "act of God" and neither the apartment complex, nor the contractor's insurance covered this.
Who is liable? Wind is an act of God, but with weather reports for at least 24 hours before, and previous times where the siding pieces have blown out of the pile who is at fault?
My Question is: We live in an apartment complex across from the clubhouse and pool. The apartment complex has had a contractor doing some construction work on the clubhouse for several months now. The contractor left a large pile of vinyl siding outside of the clubhouse on the pool deck. The pool is fenced in and is bordered by parking which is where we park our cars. Over the several months that this construction work has been going on, siding from the pile has blown on to the cover on the pool, but has never been removed or secured down with anything after being blown around, it has just been put back in the pile. Last Sunday, 2/25/01, we had very stong winds, 40-50 mile an hour gusts, and this pile of unsecured vinyl siding blew all over the complex courtyard. When we went outside to leave for the day a piece of this siding had blown up against our truck and scuffed and dented the drivers door, and this piece of siding was now lodged beneath the truck on the drivers side. We did not move anything, we immediately called the complex office and reported the damage. We also got our camera and took about 20 pictures of the damage and all the pieces of siding scattered all over the couryard. The complex sent out a maintenance person who removed the piece of siding and looked at the damage. He proceeded to collect the rest of the debris around the courtyard and told us to call the apartment manager on Monday morning. We called Monday and the manager told us to get a police report, which we did. The apartment office called us back today, Thursday, and the apartment manager said that this was an "act of God" and neither the apartment complex, nor the contractor's insurance covered this.
Who is liable? Wind is an act of God, but with weather reports for at least 24 hours before, and previous times where the siding pieces have blown out of the pile who is at fault?