Are homeowners responsible for damage caused to another persons property when their trampoline flies out of their property?

  • by A
  • May 19,2017
  • 8 answers

Are homeowners responsible for damage caused to another persons property when their trampoline flies out of their property?


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Insurance Answers (8)

Beverly S 6 months ago

Yes.

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Badooooo 6 months ago

Duh

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mbrcatz 6 months ago

Not automatically. You have to have been negligent in some way.
Just like when a tornado blows your tree onto the roof of your neighbor's house, you're not liable. And if someone steals your friend's car out of your driveway when they visit you, you are not liable.

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Elaine M 6 months ago

Mostly yes. Your property damaged theirs. If your car rolled onto their property and hit their house, if your tree broke branches off and hit their roof, if your kid threw stones at their windows and broke it, anything like that where something of yours left the property and damaged the neighbor is supposed to be covered under your homeowners insurance.

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Tavy 6 months ago

Yes they are responsible.Same as if your tree blew over the fence and damaged their shed.

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Zarnev 6 months ago

Generally, no. Not unless they did something to make the trampoline fly, and not unless there was an ordinance saying the trampoline needed to be tied down and they neglected to do so.
Also, to answer another's post if their tree damaged their shed they will not be responsible unless the tree was diseased or damaged and they did nothing about it.

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Donald B 6 months ago

Yes, of course, you cannot expect to have something you own fly out of your yard and damage something next door without paying for it.

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Andy L. 6 months ago

Generally, no. With exceptions.
Laws vary by jurisdiction, and locally, rules can be different.
In most property law in the USA, there is negligence and act-of-God.
The first response is that a highly unusual wind blew the trampoline causing the damage. The owner of the trampoline had no negligent behavior. It is similar to a tree falling. If your tree falls on a neighbor's house, generally your neighbor is responsible with his/her insurance and deductible.
Now, the neighbor may have a claim of negligence against the owner of the trampoline.
Is there any history that wind has lifted it significantly before?
Do instructions from the trampoline say to bolt it to the ground?
Should the owner of the trampoline have foreseen the issue?
For the tree, was it a weak tree? And further, did the owner of the tree know it was weak or diseased? Did the neighbor tell you that the tree is weak?
So, did the neighbor warn you at a prior time that the trampoline has potential to be carried by winds that are common and damage his home?
Most policies also include liability, and it is a good idea to have a high liability policy. If the neighbor sues in court, the insurance company is required to defend the lawsuit. There is something in that also.
But in general, when wind carries leaves into a neighbor's yard, the leaves are now owned by the neighbor.
When a tree falls onto the property, it is the neighbors tree on the property, unless there was a pre-existing extenuating negligence.
When the trampoline flies over, as a personal property item, your neighbor does not own the trampoline, but damage caused by it, as an act of nature is not the fault of the trampoline owner unless it was negligent; predictable at face value by an average person. In Las Vegas we get high desert winds. Negligence may be provable.

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