Durning a storm, my neighbors lawn chair was blown up and hit my house, damaging my siding…is my neighbor liable for the cost of repairing my siding
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Durning a storm, my neighbors lawn chair was blown up and hit my house, damaging my siding…is my neighbor liable for the cost of repairing my siding
Asked on June 15, 2009 under Insurance Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Hard to say. Liability for accidental damage like that is based in negligence, which means that if your neighbor was more careless than the average or reasonable person, then they may be liable. But is it careless to have a lawn chair outside, even if a storm is coming? Most people don't move all their outdoor furniture in just because of bad weather. If you've previously had issues with objects and furniture blowing from your neighbor's yard to yours, and you've made them aware of that before, then they might be liable--in that case, they would have been put on notice that there was a concern and they need to relocate, anchor, etc. their outdoor belongings. However, absent that, then I suspect there's no liability and you best bet may be to submit an insurance claim on your homeonwer's policy.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the 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.