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Old 09-22-2013, 12:05 PM   #1
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What am I liable for?

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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Old 09-22-2013, 01:00 PM   #2
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In Canada you are responsible for the damage, your home, tenat , condo policy should respond to claim. Subject to that ded.on your policy of course.
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Old 09-22-2013, 01:06 PM   #3
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Had a sort of similar event happen at an RV park when a storm blew thru, and blew lots of limbs out of a big cottonwood tree I was parked under. Damaged my tow vehicle and trailer. My insurance covered the damage because of "act of God". The RV Park was not liable.

Not exactly the same, but similar.
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Old 09-22-2013, 01:20 PM   #4
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Quote:
Originally Posted by noreen&sal View Post
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
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.
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Old 09-22-2013, 01:27 PM   #5
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Thanks for the replys. I am in the process of re-insuring and do not want to pay for anything not needed. Sal
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Old 09-22-2013, 02:52 PM   #6
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In Minnesota I think Act of God may be superseded by negligence on your part. Maybe the wind would not have blown off your awning if you left it open during a windstorm.

My neighbor's rotten tree recently fell on our boat lift on our lakeshore. They were apparently negligent for not removing the bad tree, so their insurance paid. A few years ago their healthy tree fell on my car in a windstorm, and their insurance would not pay because of Act of God. My car insurance paid after deductible.
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Old 09-23-2013, 02:23 PM   #7
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If your Awning blows off your trailer and damages someone else's trailer, your liability would pay for it. If you didn't have insurance (liability is required in most of the USA). His comprehensive would pay for it, then his company will go after yours in a process called subrogation. If he doesn't have comprehensive than his Uninsured/Under-insured motorist coverage (a part of liability would cover it). Also check your policy because Awnings are typically *not* covered without an endorsement. If you don't have insurance, his company will pay for it and sue you for damages. "Act of God" is typically defined in the policy. For Dkottum, here in NC if you notify someone in a certified letter that they have a potential hazard on their property that you believe will cause your property damage, when the tree comes down, they are typically responsible.
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