Property damage

[swimmer]

We have a small 15' swimming pool in our back yard. We were draining out the old water and were almost done (after about 6 hours of slow drainage)when the neighbor behind us came over to tell us that he had water in his shed and it ruined casings for nail gun (which is a bullet you put into an automatic nailer to make it shoot out a nail). He had these sitting on a dirt floor in the shed. He called the police, and they said it was up to the neighbor if he wanted to file a civil action against us. Are we liable even though 1. we didn't intend for it to happen and
2. if these things are so valuable, why would someone keep them sitting in the dirt?
It is a small, inexpensive aluminum shed that is not very secure, so keeping something like that in there is probably not very safe anyway. Also, we've had things get wet before, and we simply dried them off.
Any guidance anyone can provide would be appreciated.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by swimmer:
We have a small 15' swimming pool in our back yard. We were draining out the old water and were almost done (after about 6 hours of slow drainage)when the neighbor behind us came over to tell us that he had water in his shed and it ruined casings for nail gun (which is a bullet you put into an automatic nailer to make it shoot out a nail). He had these sitting on a dirt floor in the shed. He called the police, and they said it was up to the neighbor if he wanted to file a civil action against us. Are we liable even though 1. we didn't intend for it to happen and
2. if these things are so valuable, why would someone keep them sitting in the dirt?
It is a small, inexpensive aluminum shed that is not very secure, so keeping something like that in there is probably not very safe anyway. Also, we've had things get wet before, and we simply dried them off.
Any guidance anyone can provide would be appreciated.<HR></BLOCKQUOTE>

My response:

1. That's why they're called "accidents." When something "negligent" occurs, and there is no "intent" to do damage, that's called an "accident." You had a "duty" not to do damage, you "breached" that duty, and now there is "damage." That's the basic law of negligence.

2. It's irrelevant to you, or the court, how he maintains or stores his own property. That's his business. If he wants to pack his tools in jellybeans out in the hot sunlight, that's his business. However, if you damage it, you pay. Simple.

The only issue here is: Did your water have any business being on his property? No.

IAAL



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