Who is liable if a sign causes property damage?

[debodun]

Say a politician, with permission, places a campaign sign on a homeowner's property. In a wind storm, the sign blows into the road and damages a passing vehicle. Who is responsible for any damages?

 

[quincy]

Say a politician, with permission, places a campaign sign on a homeowner's property. In a wind storm, the sign blows into the road and damages a passing vehicle. Who is responsible for any damages?

Homeowner, probably. But it depends on exactly how the sign damages the vehicle and why. A driver should be avoiding obstacles that are in the road.

 

[Zigner]

Say a politician, with permission, places a campaign sign on a homeowner's property. In a wind storm, the sign blows into the road and damages a passing vehicle. Who is responsible for any damages?

"A politician, with permission, places a campaign sign on a homeowner's property. In a wind storm, the sign blows into the road and damages a passing vehicle. Who is responsible for any damages?"

 

[Zigner]

Homeowner, probably.

Here in the US, this would most likely be considered an act of God.

 

[quincy]

Here in the US, this would most likely be considered an act of God.

I actually edited my post. If the sign blew into the vehicle as the vehicle was driving by, it could be an act of God. If the sign had been sitting in the road for awhile, it could be the homeowner’s fault. If it was an obvious obstruction, it could be the driver’s fault.

 

[Zigner]

For reference, the OP's state (per her other postings) is New York.

 

[zddoodah]

Say a politician, with permission, places a campaign sign on a homeowner's property. In a wind storm, the sign blows into the road and damages a passing vehicle. Who is responsible for any damages?

If you're asking if the vehicle owner can hold someone else liable for the damage, the answer, based solely on the limited facts given, is no. The only ways for someone else to be liable would be if the damage resulted from someone else's intentional act or negligence or if someone else could be held strictly liable. Here, there's obviously no intentional act, there is no strict liability, and nothing in your post suggests anyone acted negligently.

 

[quincy]

For reference, the OP's state (per her other postings) is New York.

Thanks, Zigner. I reviewed debodun’s posting history prior to posting.

The answer to debodun’s question really depends on all of the facts and here we have very few.

 

[adjusterjack]

Best answer so far:

If you're asking if the vehicle owner can hold someone else liable for the damage, the answer, based solely on the limited facts given, is no. The only ways for someone else to be liable would be if the damage resulted from someone else's intentional act or negligence or if someone else could be held strictly liable. Here, there's obviously no intentional act, there is no strict liability, and nothing in your post suggests anyone acted negligently.

 

[quincy]

Best answer so far:

Perhaps. But would it be the best answer if more facts were added?

What if we learn that the sign had taken flight before and landed in the road (i.e., the homeowner knew it was a “flight risk” ). Or what if the sign had been blown into the road, the homeowner knew it was in the road, but let it sit there for days when a vehicle drove over it? How big was the sign? How securely planted was it?

There are not enough facts provided to judge either negligence or liability. But I can see a vehicle owner suing a homeowner for damage to his vehicle.

 

[adjusterjack]

But would it be the best answer if more facts were added?

Maybe not. But it's the best answer based on what little we know. Especially since it provides the elements upon which further information can be analyzed.

There are not enough facts provided to judge either negligence or liability.

Which is pretty much what Z is saying.

But I can see a vehicle owner suing a homeowner for damage to his vehicle.

So can I. But I can also speculate on defenses that the homeowner can raise as well as the evidentiary difficulties that the driver may face.

 

[debodun]

Say the sign blew into the road in a sudden windstorm and there just happened to be a car passing by at that moment. The sign had not been laying in the street prior to this. The staff of the politician placed it there, not the homeowner.

 

[doucar]

Look up Act of God.

 

[PayrollHRGuy]

Say the sign blew into the road in a sudden windstorm and theer just happened to be a car passing by at that moment. The sign had not been laying in the street prior to this. The staff of the politician placed it there, not the homeowner.

That was answered earlier. Unless there was negligence on the part of someone it would be an act of God. If there were negligence the liability on the person or entity that was negligent.

 

[zddoodah]

Say the sign blew into the road in a sudden windstorm and there just happened to be a car passing by at that moment. The sign had not been laying in the street prior to this. The staff of the politician placed it there, not the homeowner.

Was there something about my prior response you didn't understand? "The only ways for someone else to be liable would be if the damage resulted from someone else's intentional act or negligence or if someone else could be held strictly liable. Here, there's obviously no intentional act, there is no strict liability, and nothing in your post suggests anyone acted negligently."