Legal Question in Civil Litigation in Alabama

Property Damage Caused By Neighbor's Trampoline

On December 3, 2005 the wind (I assume) blew my neighbor's trampoline through my fence. My neighbor initially agreed to pay for the repair. However, they are now refusing to pay because they think that the $560.00 that the fence company charged me is ''unreasonable''. They do not think that much damage was done. My neighbor is now saying that the damage was caused by an ''Act of God'' so they are not responsible. Do I have a case? Also, what if my neighbor is correct, and I was overcharged for the repair? Will that make a difference?


Asked on 12/30/05, 10:48 am

1 Answer from Attorneys
Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: Property Damage Caused By Neighbor's Trampoline

Your neighbor is most likely responsible for the repairs to your fence. From a religious perspective all acts are acts of god. The court though really doesn't get into such religious issues thanks to James Madison. Whether $560 is too much depends on a few other factors. It will only cost you about $60 to sue him in small claims court and the judges relax the rules for those cases. No lawyers needed, you tell your story, he tells his. The judge decides. Probably won't take more than 20 minutes in Court. Of course you may never speak to your neighbor again, but maybe if you told him look, let's let a judge decide and let's agree to remain friends afterwards maybe that would work. Good Luck!

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Answered on 12/30/05, 11:12 am


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