Quote:
Originally Posted by noreen&sal
Say I go and get a site at a campground. Then say, a gust of wind blows an awning off my trailer and it does some damage to another trailer. Is that on me or is it a so=called act of God? Just was wondering. Sal
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I'd say act of God, unless there was something wrong with your awning prior to the incident. If you knew, or should have known, that there was a credible risk, then you would be negligent and responsible. You are not responsible for damages caused by your property, or on your property. You are only responsible for acts of neglect or willful misconduct. This is general English Common Law, which is the basis for American law. There may be a local, or statutory, law in the area of this campground which addresses this particular risk differently, but I doubt it. But that doesn't mean you couldn't be sued anyway. Your homeowners, or trailer, policy should cover this risk but you should check. I know mine does.
In other words, no one can answer that question with absolute certainty. Such is the US legal system, which I was taught in school was the best in the world so it must be true.
BTW, I am not a practicing lawyer, although I am a law school graduate (Boalt Hall '75). FWIW, I know far more about the legal concept of "act of God" than I ever wanted to after being sued by a neighbor for a tree falling on, and destroying, her house. I won, but only after a long costly legal battle financed by her insurance company.