Item from neighbor's yard damaged my tree during storm

[Zigner]

How do you know it was? But, at least we're talking about negligence now as LdiJ mentioned at first rather than a magical defense that applies when nature plays any role in damage.

It's going to be on the OP to prove it wasn't.

ETA: I never said it was, I simply asked the OP how he knew it wasn't. Were you unable to comprehend that?

 

[NIV]

Regardless of whether there might be an argument to be made on whether the neighbor has some liability, that still doesn't require the neighbor's homeowner's insurance to pay a claim. And as a matter of common practice, the insurance company would not pay for damage on another property not covered by the policy.

In regards to whether the O.P. might have a winnable argument in court, no one knows for certain but the circumstances do not warrant the probability of a favorable judgment. Again, the O.P. described "powerful" winds and that implies a less frequently occurring storm event which is unpredictable. I have seen trampolines that are staked to the ground, but it's also fairly common to see trampolines in yards that are not staked.

I agree cubo's argument is with the neighbor and not the neighbor's insurance company. As to what is common, a quick search on the internet shows damage from flying trampolines is not a one-off situation. It seems to happen a lot. Things that happen a lot can be said to be predictable. A basic negligence analysis looks pretty bad for the trampoline owner especially when the equities are looked at. If the wind was so powerful to be like flood waters, that is certainly going to rise to the level of an act of God and be a defense to the neighbor. If the powerful wind knocked over some trash cans and caused a mess of leaves and twigs everywhere, maybe not so much.

 

[cubo]

Here are a few points for consideration:

- My insurance already said this situation is not covered. So that option is out.
- This storm was predicted by the weather forecasters. Powerful winds were in the forecast (not hurricane or tornado), but 40+ mph winds were predicted. Indeed the winds were strong enough to pick up a large trampoline and lift it over their fence.
- The trampoline has flown in the yard before and caused some damage to my property in the past. However I didn't document or report this incident. So I don't have any evidence about the previous incident.

I think I would have a better leg to stand on if I had evidence of the previous incident to say that this is negligence.

 

[NIV]

Here are a few points for consideration:

- My insurance already said this situation is not covered. So that option is out.
- This storm was predicted by the weather forecasters. Powerful winds were in the forecast (not hurricane or tornado), but 40+ mph winds were predicted. Indeed the winds were strong enough to pick up a large trampoline and lift it over their fence.
- The trampoline has flown in the yard before and caused some damage to my property in the past. However I didn't document or report this incident. So I don't have any evidence about the previous incident.

I think I would have a better leg to stand on if I had evidence of the previous incident to say that this is negligence.

No one can know what a court or jury would find based on all the specific facts. It would help if you had actual proof of the prior incident, but your testimony is evidence the court will take into account. You might take a six-pack over and ask your neighbor if he thinks it would weigh down the trampoline enough to prevent it from doing damage to you again. If he laughs or answers in the negative, offer to share it while thinking of something that will work. If he just says yes and takes it, sue him in small claims and let the court decide.

To me, 40+ winds are getting up there and you may not win. The only other option is to eat the loss each time the winds pick up.

 

[NC Aggie]

Here are a few points for consideration:

- My insurance already said this situation is not covered. So that option is out.
- This storm was predicted by the weather forecasters. Powerful winds were in the forecast (not hurricane or tornado), but 40+ mph winds were predicted. Indeed the winds were strong enough to pick up a large trampoline and lift it over their fence.
- The trampoline has flown in the yard before and caused some damage to my property in the past. However I didn't document or report this incident. So I don't have any evidence about the previous incident.

I think I would have a better leg to stand on if I had evidence of the previous incident to say that this is negligence.

Let's set aside the debate about whether 40+ mph wind is considered an "Act of God" (it is IMO) because the determination is more relevant if we were talking about an insurance claim and whether humans could reasonably be considered at fault. This determination is also more relevant in regards to insurance companies and claims filed by policy holders.

The courts are more concerned with negligence and liability, and absent of negligence it would be very difficult to prove the neighbor has liability. In my opinion, this clearly isn't a case of negligence. The second element of a civil case that hasn't been discussed is even if a court were to determine your neighbor is liable for the damage to your tree, what would be a reasonable award for this damage. You indicated the tree only lost some branches, so what dollar amount would that equate to??

 

[cubo]

Let's set aside the debate about whether 40+ mph wind is considered an "Act of God" (it is IMO) because the determination is more relevant if we were talking about an insurance claim and whether humans could reasonably be considered at fault. This determination is also more relevant in regards to insurance companies and claims filed by policy holders.

The courts are more concerned with negligence and liability, and absent of negligence it would be very difficult to prove the neighbor has liability. In my opinion, this clearly isn't a case of negligence. The second element of a civil case that hasn't been discussed is even if a court were to determine your neighbor is liable for the damage to your tree, what would be a reasonable award for this damage. You indicated the tree only lost some branches, so what dollar amount would that equate to??

In my opinion it should be whatever it takes to make it whole again. So since this is a tree, you can't just replace the branches (not just a few branches, but about 1/2 of the branches on the tree). So since we can't replace just the damaged branches I think the only alternative would be to remove the tree, and replace it with one of similar size. That's what I would expect to be fair, but I could be completely wrong and biased.

Also, how can I enforce some sort of more responsible behavior on my neighbor? I want to make sure this doesn't happen again in the future. If this happened twice already, it will probably happen again if the neighbor is not held accountable to some extent. This can't be an unlimited free pass for "Act of God", can it?

 

[Zigner]

In my opinion it should be whatever it takes to make it whole again. So since this is a tree, you can't just replace the branches (not just a few branches, but about 1/2 of the branches on the tree). So since we can't replace just the damaged branches I think the only alternative would be to remove the tree, and replace it with one of similar size. That's what I would expect to be fair, but I could be completely wrong and biased.

Trees grow back.

Also, how can I enforce some sort of more responsible behavior on my neighbor? I want to make sure this doesn't happen again in the future. If this happened twice already, it will probably happen again if the neighbor is not held accountable to some extent. This can't be an unlimited free pass for "Act of God", can it?

You can't...and if the trampoline was secured per the manufacturer's instructions, then you've got a steep hill to climb in proving that the neighbor was negligent.

 

[NC Aggie]

In my opinion it should be whatever it takes to make it whole again. So since this is a tree, you can't just replace the branches (not just a few branches, but about 1/2 of the branches on the tree). So since we can't replace just the damaged branches I think the only alternative would be to remove the tree, and replace it with one of similar size. That's what I would expect to be fair, but I could be completely wrong and biased.

Also, how can I enforce some sort of more responsible behavior on my neighbor? I want to make sure this doesn't happen again in the future. If this happened twice already, it will probably happen again if the neighbor is not held accountable to some extent. This can't be an unlimited free pass for "Act of God", can it?

How big (diameter wise) of a tree are we talking? I can't imagine it being a fairly large tree if you expect to plant one of similar size. And I don't think aesthetics is reason enough to warrant full replacement of the tree. And when courts consider awarding of damages, it's going to be based on a dollar amount. I just don't think the value of damage would be anything substantial to warrant pursuing.

And as far as preventing this from occurring again, I don't think it would be unreasonable on your part to provide your neighbor with a formal letter so that you can document the communication and asking him to secure the trampoline to minimize the possibility of the trampoline flying onto your property in the future.

 

[LdiJ]

How do you know the trampoline wasn't properly secured?

I have a trampoline in my backyard. Trampolines are VERY heavy. They have to be heavy for the safety of the users. (otherwise the whole thing would bounce and that would be very dangerous). I do not have said trampoline secured. It would never occur to me to secure it. I do not believe that any negligence could be proven if it was a normal backyard trampoline.

 

[Zigner]

I have a trampoline in my backyard. Trampolines are VERY heavy. They have to be heavy for the safety of the users. (otherwise the whole thing would bounce and that would be very dangerous). I do not have said trampoline secured. It would never occur to me to secure it. I do not believe that any negligence could be proven if it was a normal backyard trampoline.

I suspect that, if you read the installation instructions, you will find that properly securing the trampoline is a requirement for a proper installation when wind is expected:

From http://www.jumpsport.com/PDF/JS-Safety-Enclosure-120-480XT-INS-P-10470J.pdf:

Windy Conditions
It is possible for the trampoline to be blown about by a high wind. If you anticipate high winds, the frame should be
secured to the ground with the use of a JumpSport Trampoline Anchor Kit. If you anticipate severe winds, the
trampoline should be moved to a sheltered location or completely disassembled.


From https://www.skywalkertrampolines.com/manuals/trampoline/SWTC16R_Manual.pdf:

High Wind: The trampoline can be blown around by high winds. If you expect high winds, the trampoline
should be moved to a sheltered location, taken apart, or tied down to the ground with ropes and stakes (NOT
INCLUDED). At least four ropes and four stakes should be used. Make sure to attach the ropes to the top of the
frame: DO NOT simply secure the legs or the bases to the ground, as they can seperate from the frame sockets.
The top of the stakes should be at ground level so they will not create a tripping hazard. In addition, the top of
the stakes should be covered, if necessary, so that users will not be injured by falling on the stakes. The manufactures
warranty does not cover any type of wind or weather damage

 

[LdiJ]

I suspect that, if you read the installation instructions, you will find that properly securing the trampoline is a requirement for a proper installation when wind is expected:

From http://www.jumpsport.com/PDF/JS-Safety-Enclosure-120-480XT-INS-P-10470J.pdf:

Windy Conditions
It is possible for the trampoline to be blown about by a high wind. If you anticipate high winds, the frame should be
secured to the ground with the use of a JumpSport Trampoline Anchor Kit. If you anticipate severe winds, the
trampoline should be moved to a sheltered location or completely disassembled.


From https://www.skywalkertrampolines.com/manuals/trampoline/SWTC16R_Manual.pdf:

High Wind: The trampoline can be blown around by high winds. If you expect high winds, the trampoline
should be moved to a sheltered location, taken apart, or tied down to the ground with ropes and stakes (NOT
INCLUDED). At least four ropes and four stakes should be used. Make sure to attach the ropes to the top of the
frame: DO NOT simply secure the legs or the bases to the ground, as they can seperate from the frame sockets.
The top of the stakes should be at ground level so they will not create a tripping hazard. In addition, the top of
the stakes should be covered, if necessary, so that users will not be injured by falling on the stakes. The manufactures
warranty does not cover any type of wind or weather damage

Its been there for 20 years. I do not think that it is going to go anywhere.

 

[Zigner]

Its been there for 20 years. I do not think that it is going to go anywhere.

Good to know - you've been lucky not to have high enough winds to lift it.

There is one thing I'd like to point out, though...
Whether or not the wind can pick up the trampoline isn't entirely based on it's weight. If that were the case, airplanes would never get in the air. It's all based on the aerodynamics. It's entirely possible that the configuration of your yard doesn't allow the wind the opportunity to lift yours...

 

[NC Aggie]

Good to know - you've been lucky not to have high enough winds to lift it.

There is one thing I'd like to point out, though...
Whether or not the wind can pick up the trampoline isn't entirely based on it's weight. If that were the case, airplanes would never get in the air. It's all based on the aerodynamics. It's entirely possible that the configuration of your yard doesn't allow the wind the opportunity to lift yours...

This is true, which further supports my belief that the property owner wasn't necessarily negligent for not anchoring the trampoline. Additionally, 40 mph winds can lift a variety of small to medium sized objects including lawn chairs/tables and can also break branches on tree. Which brings me to a new point, did the OP see the trampoline fly onto his property and knock down the branches or did he conclude the trampoline did it based on it where the trampoline was found?

 

[Zigner]

This is true, which further supports my belief that the property owner wasn't necessarily negligent for not anchoring the trampoline. Additionally, 40 mph winds can lift a variety of small to medium sized objects including lawn chairs/tables and can also break branches on tree. Which brings me to a new point, did the OP see the trampoline fly onto his property and knock down the branches or did he conclude the trampoline did it based on it where the trampoline was found?

I Piper Cub can fly (barely) at 40 mph...

 

[LdiJ]

Good to know - you've been lucky not to have high enough winds to lift it.

There is one thing I'd like to point out, though...
Whether or not the wind can pick up the trampoline isn't entirely based on it's weight. If that were the case, airplanes would never get in the air. It's all based on the aerodynamics. It's entirely possible that the configuration of your yard doesn't allow the wind the opportunity to lift yours...

I can see that being possible.