Am I liable for damages caused by an act of nature? How? 12 Answers as of June 30, 2015

My canopy blew over and landed on my neighbors roof. It caused very minor damage but they want me to pay to get it fixed. Am I liable for the damages if the wind blew it, since that is an act of nature?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You could very well be liable. If an object leaves or escapes from your property and causes harm, as between you and the victim, you are the more negligent. Nature helps cause lots of problems, but if you are the person who might affix or tie down or hold in something from your property, you could well be held liable. Good Luck.
Answer Applies to: Wisconsin
Replied: 6/30/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Contact your homeowners insurance company and report the incident. I guess it depends on whether or not the canopy was properly installed. If there was negligence, then you probably would be responsible, but if it was properly constructed and fastened, THEN it probably would be considered an Act of God. In any event, notify your homeowners insurance company.
Answer Applies to: Michigan
Replied: 6/30/2015
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
You are probably liable, here's why: in this day and age, we have plenty of warning about impending weather conditions. The term "canopy" implies something that can be put up and taken down fairly easily. So, by not taking downt he canopy, you caused the damage. Turn this over to your homeowners insurance company.
Answer Applies to: New York
Replied: 6/30/2015
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
Generally you would not be liable unless you were negligent in some fashion. However, any liability should be covered by your homeowners insurance.
Answer Applies to: Michigan
Replied: 6/29/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
You may be liable and you may not, depending on the circumstances. The claim is probably covered by your homeowners insurance. Consider consulting your insurance agent and/or making a claim. If you make a claim, they will assign an adjuster to the file to investigate liability. They will also provide you with a defense lawyer and pay any settlement or judgment up to the limits of the policy.
Answer Applies to: Alabama
Replied: 6/29/2015
    Law Offices of George H. Shers | George H. Shers
    The wind is natural, but if the canopy was not properly secured against the wind that would be the negligence of the person who secured it. If this was a gust of wind rarely seen in your area, there might be no negligence, but if you could reasonably foresee that strength of wind it is your fault.
    Answer Applies to: California
    Replied: 6/29/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    It?s a question of negligence; a failure to use reasonable care. Should (could) you have foreseen this event? If so, you might be at fault. Check your homeowner?s policy to see if you have liability coverage..
    Answer Applies to: California
    Replied: 6/29/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    If your canopy was property secured, you are not legally responsible. If it was not, you are.
    Answer Applies to: New York
    Replied: 6/29/2015
    Stephens Gourley & Bywater | David A. Stephens
    That is open to dispute. YOu should turn the claim over to your homeowners insurance and let them deal with it.
    Answer Applies to: Nevada
    Replied: 6/29/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    It is not purely an act of nature. A canopy is like a parachute and is affected by wind. You may be considered negligent if you failed to properly pin down and secure the canopy. If you acted reasonably you would not be responsible. If you have homeowners insurance they will deal with this claim.
    Answer Applies to: Connecticut
    Replied: 6/29/2015
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    If the canopy was not properly secured, you may be liable. Simply contact your homeowners insurance.
    Answer Applies to: Illinois
    Replied: 6/29/2015
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