Damage to car from neigbours trampoline

unholyangel

facade wrote: »

I know that, but does everybody?, and more importantly, what would a court think about whether someone is negligent because they didn't know, or consider it?



I know that trampolines fly through the air and land on cars because I've read about it on here.

If I hadn't heard about it happening, would I have thought to nail down the kid's trampoline, when my head is full of thoughts of paying the bills, keeping them safe & amused and how not to get my car stolen?



Probably not.

Most trampolines come with accessories to tie them down.

There are countless stories (on here, in the media etc) every single year.

You might be surprised on the standard a court applies. Motor accidents is a great example of that. Many people on here proclaim if its not a "must" rule in THC then you don't need to follow it - but a reasonably prudent driver is (according to the courts) one that drives in accordance with THC. There are many cases of people exercising a greater degree of care than the majority, yet they're still found to be negligent.

There are several steps to a claim under tort for property damage.

1) That the defendant owed them a duty of care
2) That the defendant was in breach of that duty
3) The breach caused the damage
4) The loss was not too remote

1 is pretty much a given, 3 is pretty much a given (the but for test is used - ie would the damage have occurred but for the negligent act), i don't think the loss is too remote given how commonplace it is which just leaves 2.

facade

DoaM wrote: »

And so have I ... I thought this thread was deja vu.

However, I've never actually seen one, or even seen the aftermath, and there are loads in gardens round here- maybe they are all nailed down, but I doubt it.

(I've never seen stories in the Local paper either, or on TV- but I do live in a cave)



My point was would reasonable people think their trampoline was going to blow away, if no-one told them it might/there were no ground anchors supplied with it because it was second hand/they hadn't heard about them blowing away?


I'm not sure that they would.

reeac

facade wrote: »

As you please, if you think £300 (that there is no guarantee you will get, you might even lose the offered £300 if the court decides that there is no negligence and your whole claim fails) is worth making an enemy out of the next door neighbour over.



Me, I think it is worth £300 to be on good terms with them. My neighbour pops round and feeds my dog if I'm going to be out all day, takes in parcels, 'phones me if suspicious callers come round....

That's the quid pro quo situation that I was referring to but the question is whether the OP's neighbour has ever done or will do the OP any favours .... it sounds unlikely.

Hm121

A quick update for all interested, his home insurance has taken information from both sides and is investigating the situation and I am now just waiting for a update from his home insurance now.

DoaM

facade wrote: »

However, I've never actually seen one

We used to have a trampoline ... it didn't manage to escape over the 6' fence - but it had a blooming good try one time! And I've seen a trampoline rolling around a local field/park which had escaped from someone's garden.

TooManyPoints

Good to hear that.

What you must bear in mind is that his insurers may apply a different test to a court. A court's likely test has been explained well enough here. His insurer's test may be along the lines "Can we get away without paying out for this?" If they refuse you should remember that any claim you have is against your neighbour, not his insurers. Nothing prevents you from pursuing your claim as suggested. Where he gets the cash from should you be successful is his business.

Do let us know how it pans out.

littleboo

facade wrote: »

I know that, but does everybody?, and more importantly, what would a court think about whether someone is negligent because they didn't know, or consider it?



I know that trampolines fly through the air and land on cars because I've read about it on here.

If I hadn't heard about it happening, would I have thought to nail down the kid's trampoline, when my head is full of thoughts of paying the bills, keeping them safe & amused and how not to get my car stolen?



Probably not.

If the trampoline was purchased new, then its most likely that the instructions would have highlighted the risk of high winds and preventative measures to be taken, its how the manufacturers protect themselves

Arklight

I can't believe all this silliness. Take the £300, say thanks, and move on. He didn't pick the trampoline up and drop it on your car. It was bad weather and (both your) bad luck.

Mercdriver

Arklight wrote: »

I can't believe all this silliness. Take the £300, say thanks, and move on. He didn't pick the trampoline up and drop it on your car. It was bad weather and (both your) bad luck.

I probably would take the £300, but it isn't just bad luck. The neighbour was negligent. It's not as if this was the first instance high winds this decade. It isn't unforseen that there could be high winds - hell, I'm in Asia, have been for a month now, and I was aware of high winds coming.

It's not just about property. Despite the fact that the wind can pick these up easily, they are heavy items. It could land on someone and seriously injure or kill them. Try saying "it's just bad luck" then. Anyone with just a small amount of common sense would know they become a heavy sail.

Marvel1

Mercdriver wrote: »

I probably would take the £300, but it isn't just bad luck. The neighbour was negligent. It's not as if this was the first instance high winds this decade. It isn't unforseen that there could be high winds - hell, I'm in Asia, have been for a month now, and I was aware of high winds coming.

It's not just about property. Despite the fact that the wind can pick these up easily, they are heavy items. It could land on someone and seriously injure or kill them. Try saying "it's just bad luck" then. Anyone with just a small amount of common sense would know they become a heavy sail.

The first time I heard about trampolines flying was a previous thread.