Trampoline blows into neighbor's car...

[JoeandOlga]

What is the name of your state? New Jersey
We had very gusty winds for the last couple of days. Who would have thought that our 2 year old, very big and very heavy trampoline is going to take off on one of those days.
It dented our neighbor's new car (scratches, broken passenger's mirror, some damage to the talegate ). Should we take some legal action or tell our neighbor to call his car insurance? I just don't think we did anything wrong or could have prevented it somehow.

Thank you for your help.

 

[xylene]

Call your homeowners insurance.

And hope that you have trampoline coverage... (BTW unless you have and paid for such a rider its more likely you don't than do)

 

[CraigFL]

Yep, you didn't do it deliberately but if it wasn't for your trampoline your neighbor's car would be undamaged. You will somehow be responsible to pay for the repairs. It may take a lawsuit to prove it to you or you may want to get involved to take care of it now....

 

[JoeandOlga]

What happens if my shed got picked up by tornado and droped on the neighbor's car?
What happens if somebodys trash can hit my car and cause damage? Do I look for the owner of the trash can? How is is different to my trampoline, and if I was ordered to pay,
everybody who owns a trampoline now has to be aware of this problem? Would I foward the charges to the trampoline company? This is just so strange. I never thought that I have to worry about very heavy playground equipment to be tossed up in the air by anything.
Thanks for your opinion.

 

[xylene]

What happens if my shed got picked up by tornado and droped on the neighbor's car?

It possible your neighbor could have a claim, espcially if your shed was not properly secured to a foundation (and many sheds are not)

What happens if somebodys trash can hit my car and cause damage? Do I look for the owner of the trash can?

Trash cans are supposed to be secured. If it was outside of lawful set-out times...

How is is different to my trampoline, and if I was ordered to pay,everybody who owns a trampoline now has to be aware of this problem?

It is not your unique problem. What do you think happens to a gian sail strecthed across a metal fram in the wind... It should have been secured to a set of footings.

Would I foward the charges to the trampoline company?

No. why? Don't be ridiculous. That would be like me sending the bill to Toyota if I got into a car accident.

This is just so strange. I never thought that I have to worry about very heavy playground equipment to be tossed up in the air by anything.

The trampoline (your property) damages another property. Its possible to work that act of god angle... but unless the trampoline was reasonably secured... I don't know....

Thanks for your opinion.

Your welcome, and I hope that you have learned why trampolines are difficult (sometimes impossible) to insure. However a neighborhood kid breaking his neck while you are away on vacation is more the usual complaint...

 

[Ozark_Sophist]

Your neighbor would have to show you were negligent. If the trampoline was not secured to the ground per setup instructions, you are liable. Was the trampoline secured?

 

[xylene]

Also consider if a trampoline was even legal in your jurisdiction.

If needed Did you have a permit?

Was it ever inspected by code enforcement? Fencing?

 

[rowz]

Its your trampoline you installed it [or had it installed]....why would you not be responsible for damage caused by its improper installation?

Why was'nt this thing secured to the ground by at least "screw-eye" tie downs at each corner and even possibly at the centers?

It is certainly reasonable to expect that, in the right conditions, it would do what it can possibly do & be lifted by a strong wind & damage or hurt somebody.

Years ago, we had a steel frame pole tent up at our yard sale and late in the day a fast summer storm came up and thrwew this 10 x 20 foot "sail" about 75 feet. We were scared to death at the time and then scared by the excess liability that we created.
It was no ones fault but our own. Not having considered the possibilities was no one elses problem but our own.

I would see if I could negotiate with he damaged party for an amicable settlement. These days, I would be worried about even letting y insurance company know I had it. they'll pay....MAYBE....then down the road...so will you.

 

[moburkes]

I would see if I could negotiate with he damaged party for an amicable settlement. These days, I would be worried about even letting y insurance company know I had it. they'll pay....MAYBE....then down the road...so will you.

What is there to negotiate? Since the neighbor's car is new, it probably has comp/coll coverage. The act of nature is hard to prove, since the wind didn't damage his car. If he pays his deductible, and his insurance company pays the rest, subrogation comes to mind. So, pay now, or pay later, but OP will pay.