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Neighbours trampoline damaged our property....who pays?

19 replies

taytotayto111 · 08/03/2022 17:18

During the storms a few weeks ago a lamp post in our garden got damaged. We have video evidence of what happened.
A trampoline flew over our fence and into another neighbours garden. We have cctv showing what happened.
Our neighbour put out a fb post asking if anyone lost a trampoline.
Long story short the owner of the trampoline is saying "it's one of those things" and won't repair our broken property.
Is this not out of order ???

OP posts:
Footnote · 08/03/2022 17:19

What does your insurer say?

00100001 · 08/03/2022 17:19

Ehhhh...act of God. I wouldn't bother pursuing it.

They've lost out too.

fluffiphlox · 08/03/2022 17:20

Insurance.

LookItsMeAgain · 08/03/2022 17:22

Was the trampoline secured to the ground?

Lots of families buy the trampolines for their kids and never properly secure the equipment to the ground. Do you know if it was secured?

taytotayto111 · 08/03/2022 17:34

Our insurance say they won't cover it. No idea if it was secured.

OP posts:
mindutopia · 08/03/2022 17:40

I think the owner of the trampoline should pay. We always double check our trampoline is secured before any storms, and for the big ones last week, we had dismantled it for exactly this reason. Damaging property is one thing, but it could have seriously injured someone.

ittakes2 · 08/03/2022 17:47

I can see why you think that except when my neighbours tree breaks large branches in storms and lands in our garden it’s legally our expense - we even have to give the tree branches back to them as that’s the law too. So I would not assume anything!!

Whitefire · 08/03/2022 18:30

I don't think there is any legal obligation for them to pay or go through their insurance. If your insurance company aren't willing to pay out and they are not willing to feel morally obliged to pay that unfortunately the cost falls on you.

www.moneysupermarket.com/home-insurance/damage-by-neighbour/

AppleButter · 08/03/2022 18:34

If they did not secure it to the ground properly,, as you are meant to, they were negligent and liable. Send the bill to them.

Bet they didnt even use the tent pegs that the trampoline came with. Clearly negligence.

Chloemol · 08/03/2022 18:40

I would ask them if it was secured, as i5 8b IOU’s it wasn’t, and what they would have said if

1, it has hit someone
2 if it had happened to them and their property was damaged

But my guess is they won’t pay

Orchidsonthetable · 08/03/2022 18:42

@AppleButter

If they did not secure it to the ground properly,, as you are meant to, they were negligent and liable. Send the bill to them.

Bet they didnt even use the tent pegs that the trampoline came with. Clearly negligence.

What’s the point is sending the bill to them if they’ve said they won’t pay? The person who Provides the repair work will still come after the op. You can’t just send someone a bill and they are suddenly liable 😂
00100001 · 08/03/2022 21:51

@AppleButter

If they did not secure it to the ground properly,, as you are meant to, they were negligent and liable. Send the bill to them.

Bet they didnt even use the tent pegs that the trampoline came with. Clearly negligence.

Oh yes ,I'd definitely pay some random bill for work not done for me. Definitely wouldn't just laugh and chuck it in the bin...
kirinm · 09/03/2022 11:01

@00100001

Ehhhh...act of God. I wouldn't bother pursuing it.

They've lost out too.

Unless her neighbour is an insurance company then this isn't right.

The neighbour will have been expected to take reasonable steps to prevent damage. Find out what the neighbour did do to try and avoid it happening. If it was strapped down etc, then yeah, fair enough they took all reasonable steps. If they didn't take any steps, you might be able to argue it was negligence on their part. It wasn't as if nobody was warned.

kirinm · 09/03/2022 11:04

@ittakes2

I can see why you think that except when my neighbours tree breaks large branches in storms and lands in our garden it’s legally our expense - we even have to give the tree branches back to them as that’s the law too. So I would not assume anything!!
that is not the law. Where are you getting this from? If the tree was perfectly healthy and well maintained, fair enough. But if it wasn't and that is actually why branches fell, then it may not that simple. (If damage was caused I mean).
kirinm · 09/03/2022 11:05

OP - you need to pay the bill and then if you want to try and get money from the neighbour, do that afterwards.

EvilPea · 09/03/2022 11:07

I know someone’s whose house insurance had to pay up when their trampoline went walking down the road in a storm and caused carnage.

Babadook76 · 09/03/2022 11:07

Is it only me on mn who doesn’t have insurance?
I think half each is reasonable op. No idea on what the actual law is though

mumwon · 09/03/2022 11:45

small claims court?(disclaimer no idea how much this would cost)

kirinm · 09/03/2022 12:00

@Babadook76

Is it only me on mn who doesn’t have insurance? I think half each is reasonable op. No idea on what the actual law is though
I have contents and buildings. I have to have buildings as its a precondition of my mortgage - as I imagine is the case for lots of other people too.

We bought contents for a specific reason - we had something vaguely expensive in the house but I can't remember what.

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