Legal Question in Civil Litigation in Florida

Car damage during storm

During a storm, debri flew up from the back yard to a neighbor's front yard and alegedly scratched his car. He now wants the owners of the debri (plastic pool) to pay for the paint job. Are the ''pool'' owners responsible for the repair or does the neighbor need to call his own car insurance if he chooses to repaint his car? If the pool owners are reponsible, should they only pay the neighbor's insurance deductible or share the expence 50/50 . Also, if the neighbors are resonsible for the damamge, do they have the right to chose a paint/ body shop or does the affected neigh or get to pick which paint shop to take the car to?


Asked on 5/14/07, 11:29 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Car damage during storm

In my judgment it is not negligent to put a plastic pool in your back yard, therefore there would be no liability.

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Answered on 5/15/07, 8:50 am
Johm Smith tom's

Re: Car damage during storm

I tend to agree with Mr. Wagner. While you may have been wiser to store the pool safely before a storm, you certainly couldn't reasonably anticipate that a storm would fly the pool into a car off your property. You might check with your own homeowner carrier to see if they would cover this, but I'd be inclined to tell the neighbor that their own car policy or homeowner policy should cover it. Of course, you can be a good neighbor, but don't admit any liability unless you really want to pay.

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Answered on 5/15/07, 9:21 am


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