You can sue a persono even if their insurer refuses to pay, so if you think you might have a case, you should consult with an attorney who can listen to all the facts, provide a detailed evaluation, and, if you go forward, represent you. Mr Croucher claimed his neighbours have moved the trampoline, which has caused problems. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. If the tree damages his house … How can auto insurance demand second EOU? What can I do legally? The neighbours kid is really nice however every kid in the area is suddenly her best friend! in any case, if you're thinking of retaining the trampoline (if it is not damaged), or getting a new trampoline, then you should secure it to the ground to prevent such cases from occuring again. If its a private person, the possibility of injury liability may make them tell the people to remove the trampoline altogether. See if your homeowners will cover it. As the previous post said, they might pay for the damage even if they didn't know about it. Wind blows trampoline and damages neighbors home, Nightmare Mediation from Rear End Car Accident. My neighbor's dilapidated, partially erect, unanchored trampoline in his back yard was caught up by a gust of wind on a breezy day (wind approximately 20 mph). What is a fair demand for my uninsured/underinsured claim? This I could accept. But in situations where the negligence of the property owner or some other party played a role in causing the accident, the injured person may be able to recover compensation for medical bills, lost wages, pain and suffering, and other losses, via a personal injury claim. The wind picked it up and threw it into our house, fence, and carport. However their insurer is saying their negligence was an “act of God”. When someone gets hurt on a trampoline, it doesn't always follow that someone else will be on the legal hook. information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you. Posted: Thu Mar 19, 2009 10:03 am Post Subject: You may be interested in reading the following discussion where another member has discussed a situation similar to yours. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Our insurance will fix everything but we have to pay a deductible and our rates will go up. My next door neighbour has positioned her 10ft trampoline with netting right next to the boundary fence close to the patio doors, so bang goes our privacy - all you see is every kid in the neighbourhoods head over the 5ft fence and the associated shrieking. one neighbour is threatening to sue me for negligence even though my trampoline was anchored down. High winds (that were forecast earlier in the day and week) picked his trampoline up and blew it from his back yard eventually depositing it around the group mailboxes 3 houses to the south of mine on the other side of the street. Posted: Fri Mar 20, 2009 03:05 am Post Subject: It could be filed under either and I would see your company accepting liability for the reasons that tcope stated. The issue is whether they *were* negligent in not securing their trampoline. All legal content, insurance rates, products, and services are presented without warranty and guarantee. Laws may vary from state to state, and sometimes change. Posted: Sun Mar 29, 2009 09:47 am Post Subject: like jeorge said, there's a similar discussion regarding this issue and you might want to take a look at it. i have tried to claim for damages off my own house insurance but am unable as they are saying it was an 'act of god'. Position your trampoline thoughtfully Garden trampolines are great for keeping the kids entertained. "}}]}, Asked on April 5, 2011 under Insurance Law, Tennessee. If the total worth of damages is less than the deductible level, then you might wish to settle it out-of-pocket. Trees can be a huge source of contention between neighbors, but as a property … have you discussed this issue with your neighbour? my neighbours bought a small trampoline for their 3 loud sons to use at the end of their garden but close to the 6' fence. the other neighbour is … If any damage done to a fence or other item is a few hundred dollars, it will be below a deductible and should be cleaned up yourself! like tcope has said, it is possible to secure the tampoline to the ground, and you should have done so! The neighbor retrieved the trampoline without bothering to inform us of the incident. The collision broke a fence, 2 windows, the roof, damaged our carport. Recently, my neighbor assembled a trampoline and I'm sure it's a couple of feet on my property. My neighbor's trampoline hit my house during a storm, they are liable for the damage, right? Fencing between houses If you are a property owner, you and your neighbour have equal responsibility for the dividing fence between your properties. If the average reasonable man or women would have staked down, chained up, put away, etc. my neighbours are understandably angry. But if there were storm warnings for a day and you failed to tie down the trampoline then yes an argument can be made of negligence. But if the average reasonable person would not have done those things, then they would not be liable--it doesn't matter if in hindsight they should have done so, or if a very cautious or wise person would have (it's just the average reasonable man or women that's used as a yardstick). But if the average reasonable person would not have done those things, then they would not be liable--it doesn't matter if in hindsight they should have done so, or if a very cautious or wise person would have (it's just the average reasonable man or women that's used as a yardstick). During a recent week when we were experiencing high winds and high wind advisories over a period of several days, my neighbor's trampoline moved several feet across their yard, toward our fence. If his carrier denies coverage, he might be willing to pay for your damage himself. Find the right lawyer for your legal issue. High winds blew my trampoline and damaged neighbor's home. Generally you should look to your own insurance company to cover the costs of removing the tree and repairing the damage. Gems & Jewelry Insurance: Everything you Need to Know. How much medical insurance coverage is required? A claim in the record would definitely affect the future premiums. In the opposite case—a tree from your yard causes damage to the property next door—it’s up to your neighbor to put in a claim with his or her insurer. Is this something that neighbor's homeowners policy ($500 deductible) should cover, or do I file a claim under my liability coverage? 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