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Damage to house from neighbor's trampoline...2nd time

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chadillac3

Junior Member
What is the name of your state (only U.S. law)? Iowa

So, here's the deal. Last year my neighbor bought a new trampoline that is a fairly beefy model, but did not secure it. We had a storm that generated winds in excess of 60 mph. That time my fence stopped the trampoline. A couple posts were bent. He talked to his insurance agent who said it would an "act of god" and not covered under his homeowners. He said he's pay for the repairs, but in the end we bent the posts back and it looked fine (chain link FYI).

Fast forward to last night. Another storm that generated winds of around 65-70 mph, and the genius had "secured" the trampoline to his deck using cheap bungie cords. Obviously they didn't hold at all. 5 of my posts are now down plus the chain link/guide rails are messed up. It then bounced over the other side of my fence and continued to do damange down the back yards of neighborhoods. I'm guessing to repair my fence will be $6-700, which makes filing a claim with my insurance pointless since my deducible is $1000.

Now, had this been last year, I think I'd probably be screwed, but considering the fact he didn't really secure it after last year, I'm inclined to believe it's negligence.

Any opinions? Thank you for whatever advice you can provide!!!!!

Chad
 


chadillac3

Junior Member
Have you asked Mr. Bouncy to pay for the damage caused by his negligence?
I should have mentioned that yes, it is certainly my intent to ask him to pay for the damages once I have the estimate. Believe me I'm not just going to file without doing so.

I'm one of those people that likes to know what my options are ahead of time, and be prepared with a course of action.
 

swalsh411

Senior Member
Then your next step would be small claims court. Be sure to bring the repair estimate. Failure to secure an object heavy enough to cause considerable damage (especially since it happened before) is pretty cut and dry negligence.
 

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