Legal Question in Personal Injury in California
Damage from neighbor's trampoline
On a windy day last week, our neighbor's full size trampoline flew into our yard and landed against my wife's car parked in our driveway. The neighbor retrieved the trampoline without bothering to inform us of the incident. The neighbor on the other side of our lot saw it happen and informed us. When confronted as to why he didn't inform us, the trampoline owner said that he didn't see any damage and that we should ''just let it go.''
My wife took the vehicle to a dealer and was quoted $540 to fix the damage. It was a small dent and some deep scratches, but they have to removed the quarter panel, repair, paint, and reinstall.
We have not presented the neighbor with the estimate, yet; we just got it yesterday. Since he is an attorney, I thought it best to find out whether he is legally responsible for this damage. I don't know for certain, but I assume the trampoline came with instructions to secure it to the ground.
3 Answers from Attorneys
Re: Damage from neighbor's trampoline
Yes. From what you describe, your neighbor is responsible. I've heard of lawyers jumping through hoops for a client, but jumping on a trampoline is a new one for me. Give him a copy of the bill, and ask for payment. If he doesn't pay, then small claims court is your only option to recover the money. The damage is probably just above his insurance deductible, so your neighbor won't want to report it.
Re: Damage from neighbor's trampoline
I'd say you have a valid claim, provided that the trampoline actually caused the damage. Try to show the damage to your neighbor; he may not resist paying once he sees it.
If he still isn't willing to pay you can take him to small claims court. Don't let the fact that he's a lawyer intimidate you; it seems you have a strong case, and any dispute will probably be about the facts and not the law.
Re: Damage from neighbor's trampoline
Kindly request that your neighbor pay for your damage. If he refuses to pay for the damage to your car, take him to small claims court.
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