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car damaged from lawn mower

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barbr

Guest
What is the name of your state? Illinois

If our lawn mower throws a pebble as a car is driving by on the street, are we liable for any paint damage done to the car?
 


I AM ALWAYS LIABLE

Senior Member
barbr said:
What is the name of your state? Illinois

If our lawn mower throws a pebble as a car is driving by on the street, are we liable for any paint damage done to the car?

My response:

Even assuming that the car owner can prove that the rock was thrown by your mower (which would be a pretty neat trick if he could), the fact of the matter is that there would still be no "negligence" on your part; i.e., the driver would have to prove that there was a "duty" owed by you to him, a breach of that duty owed by you to him, causation, and of course, the damages.

I don't believe you owed the car driver any "duty" to keep your mower from throwing a rock. Mowers do that - - of course, and again, assuming that you were using the mower in the manner it was designed to be used.

This is why insured drivers have "comprehensive" coverage in their policies. Tell the driver to make a claim to his own insurance company - - but, you're not paying for anything.

IAAL
 
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I AM ALWAYS LIABLE

Senior Member
southernponyboy said:

My response:

Southernponyboy, what's your theory of liability for your "Yes" answer?

Or was your "Yes" answer just your "feeling" - - and if so, based upon what?

IAAL
 
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stephenk

Senior Member
Sorry IAAL, I have to agree with pony boy. If your mower is shooting rocks/pebbles at such a distance that it hits and mars the paint of passing vehicle, you are liable under negligence.

You owe a general duty to prevent injury or damage to others and their property. Side blowing mowers almost always have a bag to collect the debris. It is obvious no bag was attached to this mower.

The car owner can and will most likely recover if they decide to sue in small claims or make a claim against the mowers homeowner's policy.

The mower can go after the lawnmower company if their product was not built right to prevent spewing debris.

BTW, Westerfield found guilty on all counts. Its about time.
 

I AM ALWAYS LIABLE

Senior Member
My response:

I'm not disagreeing with your general duty theory, but like I said Stephen, how can the car owner "prove" that the damages were caused by the mower and not some other intervening, or actual, cause - - or that the damages were even caused at all at the time? Perhaps, the damages were pre-existing, and the driver was looking around for a patsy, and our writer presented to be one because he was mowing? Are you thinking about Res Ipsa Loquitur - - the old "walks and talks like a duck, then it must be a duck" theory?

Rocks get thrown by any number of reasons, i.e., how many windshields have you and I replaced due to freeway rocks?

I don't see how the car driver can prove the "causation" - - just because he says so?

IAAL
 
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tammy8

Senior Member
Just had something similiar happen with a claim through our office. CLAIM WAS DENIED!!!! Basically a video is the only way to prove that the rock did in fact come from the mower. I agree with IAAL, that is why you fully cover your vehicle with comprehensive coverage.

On another note, many "tickets" have been given in our town lately to people mowing their grass toward and into the road. Supposely it is to prevent this type of lose.
 

I AM ALWAYS LIABLE

Senior Member
tammy8 said:
Just had something similiar happen with a claim through our office. CLAIM WAS DENIED!!!! Basically a video is the only way to prove that the rock did in fact come from the mower. I agree with IAAL, that is why you fully cover your vehicle with comprehensive coverage.

On another note, many "tickets" have been given in our town lately to people mowing their grass toward and into the road. Supposely it is to prevent this type of lose.
My response:

Thanks for confirming the "adjuster's point of view" for me, Tammy.

You know, you wouldn't believe it by looking at this thread, but normally, I am "Plaintiff's counsel" and Stephen is "Defense counsel" - - and we switched roles on this thread. Incredible !

Normally, I eat Defense counsel for lunch, but I really enjoy Stephen on these boards. So, I usually leave him alone when he responds to threads. Did you know that Stephen works for a BIG ASS defense lawfirm in downtown Los Angeles? Yes, that's true. And, here's little ol' me, with my Plaintiff's lawfirm in Encino - - a suburb of Los Angeles, California. Of course, I make tons more money than Stephen!

IAAL
 

stephenk

Senior Member
I get in the office around 9 or 9:30 and I leave at 5:00. I spend the weekends with my family. The pay aint that bad but I am not in the tax bracket of IAAL with his shiny car, boat, ski resort in Aspen, and off shore bank accounts. LOL

My side holds the checkbook. If a case is legitimate regarding liability and damages, I am the first to say pay the plaintiff. If the case is bogus, well, let's get ready to ruuuuuuuuuuuuuuuumble!

Back to the present case. The poster is saying his own mower shot out the pebble. He is not denying the claim, he just wants to know if he has to pay.
 

I AM ALWAYS LIABLE

Senior Member
stephenk said:
I get in the office around 9 or 9:30 and I leave at 5:00. I spend the weekends with my family. The pay aint that bad but I am not in the tax bracket of IAAL with his shiny car, boat, ski resort in Aspen, and off shore bank accounts. LOL

My side holds the checkbook. If a case is legitimate regarding liability and damages, I am the first to say pay the plaintiff. If the case is bogus, well, let's get ready to ruuuuuuuuuuuuuuuumble!

Back to the present case. The poster is saying his own mower shot out the pebble. He is not denying the claim, he just wants to know if he has to pay.

My response:

Aspen? Never really thought of owning property there. Hmmm, I'll have to look into that.

Our writer may merely be parroting what the driver is blaming him for; i.e, the driver's point of view and is using that phrase as an example, not a statement of fact or an admission against interest. The fact is, the driver can't be sure where the rock came from, and our writer probably wasn't even aware that that's what happened when the driver said it happened.

I think the case is "bogus" because, as a matter of law (and by the by, Res Ipsa doesn't apply here) the driver can't prove "causation".

Judgment for Defendant lawnmower guy !

IAAL
 
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ProResearch

Guest
Is one liable for any damage to a car pebble as a car is driving by on the street, are we liable for any paint damage done to the car?

As you can see, legally the debate is on lol... I guess if you have to have an attorney to plead your case, you'd better have a good one! I enjoyed that Stephen and IAAL.... excellent demonstration of the process :)

But -- morally, if you *know* that's what happened, because you saw it, then you should pay for it ... as much as you would hate to. I would think, however, that if the driver sees you mowing close to the road and doesn't do anything to avoid it, perhaps he should pay some of the cost too.

When I drive and mowers are close to the edge of the road, I try to distance myself as much as possible allowing for the road and traffic because pebbles getting thrown do happen. And most people should know this so...... maybe he should pay 50/50?

Yeah I know ... this is a LEGAL board, not a moral one.... lol
 

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