Legal Question in Civil Litigation in California

I parked my vehicle in a campsite and some other campers decided to set up their camp a few feet from my car. They failed to stake down their tent and the wind picked up and blew their tent along my car and scratched my car very bad. The campers gave me their contact info before they left.

After getting several estimates and providing the campers all estimates for review, I had the vehicle repaired and the campers agreed to pay half of the total cost of the damage, claiming that they are not liable for the damage but rather the wind was responsible. Is this right? Or should I take this to small claims court?

Any input would be greatly appreciated.

Thanks!


Asked on 8/21/09, 12:38 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

As I see it, the wind was a contributing and proximate cause but the campers also were a cause if they failed to stake down their tent as you described. But how much was each responsible for? That will depend on the decision-maker. Yes, bring it to small claims court if you think you can convince a small-claims judge to give you more than half.

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Answered on 8/22/09, 2:32 am


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