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Updated almost 12 years ago,

User Stats

115
Posts
42
Votes
Daniel B.
  • Rental Property Investor
  • Saint Louis, MO
42
Votes |
115
Posts

Neighbors trampoline in my tree - liability question

Daniel B.
  • Rental Property Investor
  • Saint Louis, MO
Posted

Hello,
Thanks in advance for your help! I have a rental property that was affected by the recent storms. Minor damage to the house, but for me it is not worth filing a claim as the bid I just got back would not hit my deductible.

However, the neighbors trampoline blew into the yard, apparently hit the tenants vehicle and broke their back taillight before the trampoline ended up 25-30 feet above the ground stuck in my tree (big trampoline). The neighbor gave the tenant their insurance info, when the tenant called the neighbors insurance company they said they were not responsible because it was from a storm/tornado? I suggested the tenant call their own insurance company. I just want to make sure I am in no way liable for this as it occurred on my property, but was an incident between my tenants vehicle and neighbors property. My lease does have a Liability and Indemnity section stating landlord not responsible for property damage, etc......want to make sure those clauses would stand up in court in this instance.

The one thing I want to make sure of is that as the trampoline is now on my property would I be liable if it blows down from the tree and causes more damage to vehicles? Am I now responsible to remove the trampoline from my property if the neighbor does not do it right away? I can have my contractor do it next week, but am I liable if it falls and causes more damage from now to then?

No one really wants to get the insurance companies involved because we wouldn't hit our deductibles and whoever files claims could see rate increases.....I feel it is the neighbors responsibility to remove, but if their response is bill their insurance and I don't want to file a claim, am I stuck removing it?

advice?
Thanks!

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