improperly staked awning destroyed our tents

[McClurefamily]

i live in Arizona. Last weekend we were at a camping event. The wind kicked up and a huge carport awning came flying from another camp from a couple hundred yards away. It almost hit my baby and it destroyed 5 tents, an awning, and a lantern. When we contacted the owner and asked him to make amends, he basically told us to blow off and call the cops if we want help. The police refused to come or take a report, but his own camp members said that his awning was not staked down properly. Can we take him to court? Can we call his camp members as witnesses?

 

[xylene]

You need to take him to small claims court.

 

[justalayman]

McClurefamily;2758878] Can we take him to court?

yes

Can we call his camp members as witnesses?[

unless the guy admits to not properly installing the stakes, it sounds like you have no other choice. The fact the thing flew is not in itself proof the guy is liable. You will have to prove something he did, or failed to do, was the cause of your damages.

 

[xylene]

The fact the thing flew is not in itself proof the guy is liable.

I'm inclined to disagree.

I'd suggest that the as damage is causally related to the mere use of the awning tent while under the awning owners immediate control, the guy has liability basically no matter what the state of the tie job.

It certainly helps our posters case if there was negligence or impropriety in setting the stakes, but we need to be clear that the poster's belongings were damages by the property of another, in use by another, and not the wind.

 

[justalayman]

I'd suggest that the as damage is causally related to the mere use of the awning tent while under the awning owners immediate control, the guy has liability basically no matter what the state of the tie job.
.

Unless something the guy did caused (or allowed) the wind to lift the thing, he is not negligent. No negligence equals no liability.

If he installed it and allowed it to be subjected to conditions beyond the manufacturers recommendations or if he did not install it as the manufacturer directed, then he would be negligent. Other than that, it's an act of God or manufacturers liability.

 

[xylene]

Unless something the guy did caused (or allowed) the wind to lift the thing, he is not negligent. No negligence equals no liability.

I guess what I'm saying is it sure seems like a quick review of the relevant tent info and AZ law suggests that the fact that the thing blew away on its face shows negligence. It's a garage sized kite for goodness sakes, its use, even more so than any walled tent is inherently unstable and somewhat dangerous. The erector and user of such tents have care duties. Its on the label and the directions.

As to the testimony of the blown away tent guys friends:

Are these party-goers knot experts... what do they know? Who are they to testify or not testify as to the soundness of the tie job.

Is there some proof that this guy took reasonable care given the risks involve in using a tent. I don't think so. The poster did not make this clear, but this was a tent camping jamboree type thing... was only his tent blown down? Did similar awnings hold up?

The weather service will have data on the wind. How much wind is a tent supposed to withstand before when it blows free from its moorings is it negligence? And how windy is it to be totally out of human hands?

This is why I would suggest that the poster should pursue a small claims action for his valuable tents and property, with or without the testimony.