Legal Question in Insurance Law in North Carolina

Re: Lawnmower Throwed Rock and Broke Neighbors Glass Door

You raise several good issues. As for the truck situation, your friend was basically right. The basic law is that when a truck propels a rock, the truck driver is not liable. Rocks are considered a "road hazard," and it cannot be said that the driver was negligent, and there is no strict liability in that situation. I actually think your situation is analogous. You can be held liable probably only if you were negligent. It sounds, however, as if you were simply mowing in a normal fashion. If you had notice of the rock(s), then perhaps you could be negligent, especially if you could have mowed in a different direction (i.e. to throw debris in another direction), or if you could have used a bagger or other device. But it would seem that ordinary mowing is not negligent, and while you feel ethically bound to pay for it, I'm not sure that you are legally obligated to do so. I will also note that the neighbor could assert a claim for "trespass," contending that you caused an object to trespass upon his property; even in that event, you can probably be held liable only if you were negligent, but the law is somewhat less clear. Finally, I will note that you may want to obtain liability insurance, which would cover something like this. You may, of course, have a deductible, such that it's not economically feasible to submit a claim. If, however, you hurl a rock and cause someone to lose an eye, or if you throw a rock at a car on the highway causing an accident, you will wish you had liability insurance. Finally, it's conceivable that any homeowner's insurance on your clients' house could cover the claim, but that's not clear, especially without seeing the policy.