Lawyer Demands Neighbor Pay For Property Damage His Trampoline Caused During Storm

There are few things more agonizing than home repairs.

Particularly if these repairs are owing to damage from one of your neighbors.

As very few people are open to accepting responsibility in cases like these, potentially leading to some tense exchanges.

Not to mention awkward encounters with people you share a street with.

Redditor Evillawyer2010 was dismayed to learn that their home was damaged during a storm.

Even more so when they learned that this damage was primarily caused by a piece of property belonging to their neighbors.

While the original poster (OP)'s neighbors made every effort to deflect responsibility, the OP felt a need to make it clear that they were not someone their neighbors would want to mess with.

Having some doubt about how they handled things, the OP took to the subReddit "Am I The A**hole" (AITA), where they asked fellow Redditors:

"AITA for asking my neighbor to pay for damages his trampoline caused?"

The OP explained why they found themselves compelled to confront their neighbor:

"Today around 5pm I got text messages from our great nextdoor neighbor who said that a trampoline came flying in a storm and damaged our fence/barn behind our house."

"I accessed our security system via my cell phone and found out the trampoline came from the neighbors across the street (NAS)."

"We are not friends with NAS but up to this point have had no problems with them."

"I inspected the damage, our fence was destroyed, almost knocked flat."

"The trampoline hit the barn so hard it dented the metal walls and broke two panels on the garage door."

"There were all sorts of other minor scraping along the sides of the barn."

"As I was surveiling the damage, the husband NAS came walking up the driveway."

"He did not appear concerned and more annoyed than anything."

"I held our broken gate open for him to enter the yard and look at the damage with me."

"After reviewing the damage together he asked me what I wanted to do about the damages."

"I was still a little shocked and said well your trampoline caused the damages, you are responsible."

"I'm guessing the damages between 5-10 thousand dollars."

"The fence was decorative aluminum to appear like wrought iron and the damaged section was 4-5 panels and cost us approximately 4 grand three years ago."

"The garage door was insulated was around 3 grand two years ago."

"I have no idea how to estimate the cost to repair the dented, scraped, and damage metal walls of the barn which again is only 2 years old."

"NAS said well it's all damage to your property you should put all the damage through your insurance."

"I was again shocked and incredulous at the audacity of this person."

"I told him, I'm an attorney (I actually am in my state)."

"Your failure to secure the trampoline caused it to fly into my yard and destroy my fence and damage my barn."

"I'm not putting a claim on my insurance (I don't want my premiums to increase)."

"I have great insurance and an umbrella due to the ponds on the property, and have a separate rider for the barn just to be safe."

"Due to my profession I made sure I have great insurance."

"I told him I can either get quotes to fix the damage that you can pay or you can make a claim against your homeowners insurance."

"He said 'Well I'm not paying cash and not making a claim against my insurance'."

"'This was an act of God'."

"I said to him, 'ok, I'm sorry you see it that way'."

"'My firm sues around 200 cases per week' (not a brag, a fact)."

"'Suing one more next week will not be difficult'."

"That is when NAS finally agreed to put his homeowners on notice and exchanged his phone number with me."

"Several colleges and my mentor said he probably never put the trampoline on his insurance and an unreported trampoline can lead to cancelation of NAS homeowners insurance."

"AITA for insisting NAS pay for the damage caused by their trampoline flying onto my property, one way or the other?"

Fellow Redditors weighed in on where they believed the OP fell in this particular situation, by declaring:

• NTA – Not The A**hole
• YTA – You're The A**hole
• ESH – Everyone Sucks Here
• NAH – No A**holes Here

The Reddit community generally agreed that the OP was not the a**hole for demanding their NAS pay for their property damage.

Most agreed that the OP was valid in feeling that since their NAS's trampoline caused the damage, they were responsible... even though a few wondered if each of their insurance agencies would see it that way. Others wondered if it was necessary to flaunt the fact that they were a lawyer:

"NTA."

"As it only makes sense that they should take responsibility when their property causes damages to your own."

"However what gets me, is you write you're an attorney OP, so why are you even posting here about this situation as I feel like you of all people should know regardless of if you look like the AH or not, your property is your property and if someone else damages it then it's hell and high water (or trampolines)."

"I say this in a joking manner: in my opinion and hypothetically asking, aren't all attorneys by law YTA /j joking please don't sue me."

"Though seriously you did remind me my trampoline isn't fully secure as I took the bricks off during the winter for other projects."- LucasoftheNorthStar

"NTA."

"I live in Japan, and during typhoon season, we make sure we flip our trampoline and put sand bags on it."

"Gotta do what you gotta do."- Dramatic-Education32

"NTA, and according to anecdotal reports from friends who've had trampolines, the info that unreported trampolines can invalidate NAS's homeowners insurance is accurate."

"Even properly secured trampolines can pull loose in high winds."

"One of my coworkers had multiple anchors for his trampoline - those auger things that screw into the ground - and it still ripped them out of the ground and went flying twice."

"So not only was the trampoline a hazard, it had big metal clubs hanging off of it as it flew through the air :-)."

"Based on his comments regarding insurance trampolines are up there with pools on the list of things that expose you to increased liability as a homeowner."- RainbowCrane

"NTA."

"If it was minimal damage, I'd say let it go."

"But this is ridiculous - NAS needs to pay."- Savings-Breath-9118

"You can file a claim against his homeowners insurance."

"There is some liability there if he failed to properly secure the trampoline."

"Although you'll probably have to file under your own, and they will subrogate."

"It's odd though a few years back most places I knew were threatening non renewal if the insured had trampolines on site just for the injury aspect."

"NTA either way."

"I hate trampolines as a claims adjuster."

"They're just a mess waiting to happen."- Bearsandgravy

"NTA."

"Who doesn't secure a trampoline when it gets windy?"

"If it goes flying off and breaks stuff, then that's on the owner of the trampoline, not the person on the receiving end of it."

"But isn't this exactly what you pay insurance for?"

"They should be the ones chasing him for the money, not you."

"Your insurance premiums shouldn't go up because they aren't the ones paying out but he (or his insurance) will be."- sjw_7

"NTA."

"We had a neighbor that never secured their trampoline and every storm it was in our yard."

"I was so angry."

"We luckily did not have damage."

"They would not even come get it."

"We had to drag it back most times."

"I would do the same thing as you."

"A small tornado just went through/by our neighborhood and the same thing happened and one hit someone's house."

"I am not sure the damage but I heard about it on the neighborhood page."

"Not securing those is very dangerous."- Pomegranate_1328

There were a few, however, who had trouble sympathizing with either the OP or their NAS, agreeing that the NAS needed to accept some responsibility, but the OP had a rather skewed view of the law, particularly for a lawyer:

"ESH."

"OP sounds like an a** for pulling the 'I'm a lawyer' routine."

"OP, being a lawyer, presumably would understand that he needs to report it to his insurer in any event to preserve his right to indemnity if neighbor skips out."

"The insurance company would pursue the claim against the neighbor/neighbor's insurer in any event, so premium bumps are far from certain."- Kiss_the_Girl

It's never particularly attractive when someone flaunts their status, especially if it's done as a way of getting what they want.

However, as the OP's NAS was refusing to take any responsibility, despite the fact that it was their trampoline that caused the damage, perhaps flaunting their status was necessary.

Even if the insurance companies will ultimately be the ones deciding who is at fault.

Something one would think the OP, being a lawyer, would realize...