Results 1 to 9 of 9
  1. #1
    Join Date
    Jul 2017
    Posts
    8

    Default Damage to a Vehicle From a Rock Ejected by a Snowblower

    My question involves an injury that occurred in the state of: iowa
    My parents share a driveway with a neighbor. My parents are elderly. The neighbor has asked to use my father's snowblower ( and gasoline my father provides) to do the shared driveway. He has done this for the last three years with no issues and my parents are grateful. However, recently the neighbor used the snowblower and hit his own vehicle with a rock. He now wants my parents to pay for the damage to his vehicle. My parents are considering it in order to "keep the peace". Any advice???

  2. #2
    Join Date
    Jul 2017
    Posts
    8

    Default Re: Help

    It happened in their shared driveway.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    97,262

    Default Re: Help

    If your parents' neighbor was operating the snowblower, your parents are not responsible for the manner in which he accidentally injured his own property as the result of his use of the snowblower. If they choose to pay anyway, it's their money.

  4. #4
    Join Date
    Mar 2013
    Posts
    15,329

    Default Re: Help

    Agree. I don't see your parents having any "legal" responsibility.

    If they want to pay "to keep the peace" that's up to them and there's no legal issue involved.

  5. #5
    Join Date
    Jan 2006
    Posts
    36,619

    Default Re: Help

    I’m curious as to why the neighbor believes your father is liable for the damage. Is it something more than it is your father’s snowblower?

  6. #6
    Join Date
    Apr 2018
    Location
    Long Beach, CA
    Posts
    122

    Default Re: Help

    There is something to what the neighbor is claiming but I am not the person to argue it.

    I am a General Contractor and we are very cognizant of not loaning our tools or ladders to other contractors on the job site because if they fell off our ladder, it is known that we could be responsible for their injury.

    Could someone here comment on whether this a real possibility because contractors, for some reason, feel it is?

    Actually, after a little more thought, I think you may all be incorrect. Items stored in a house, whether it be a gun that does accidental harm to another person in the backcountry or one of my bicycles that does accidental harm to a vehicle or person on the road, are covered by my homeowners policy. Now, does my HO policy cover those damages because they want to be nice guys or do they cover those damages because ultimately the homeowner is responsible for those damages?

    Either way, I believe a claim could be made against the owner of the snowblower's HO policy.

  7. #7
    Join Date
    Mar 2013
    Posts
    15,329

    Default Re: Help

    Quote Quoting Brian57
    View Post
    There is something to what the neighbor is claiming but I am not the person to argue it.

    I am a General Contractor and we are very cognizant of not loaning our tools or ladders to other contractors on the job site because if they fell off our ladder, it is known that we could be responsible for their injury.

    Could someone here comment on whether this a real possibility because contractors, for some reason, feel it is?
    Not true. For one to be legally liable for injury or damage to others one must be negligent. Just lending a tool or ladder to somebody else does not make one liable for injury or damage to the other person unless one lends a tool or ladder knowing it is defective.

    There are a lot of good reasons not to lend your tools and equipment to others but you probably wouldn't want to say "I can't lend it to you because you might break it." That can be insulting. So people typically say "I can't lend you this or that because of liability issues or my insurance won't let me." None of that is true but it's a good way to avoid arguments and hurt feelings if you don't want to lend something to somebody.

    Quote Quoting Brian57
    View Post

    Actually, after a little more thought, I think you are all incorrect. Items stored in a house, whether it be a gun that does accidental harm to another person in the backcountry or one of my bicycles that does accidental harm to a vehicle or person on the road, are covered by my homeowners policy.
    Partially correct but you have to understand the difference between coverage and liability. You have coverage if you are legally liable (negligent) but if you aren't negligent your insurance company doesn't pay. It defends.

    There can be some exceptions to that rule as some states impose strict liability for certain acts. One example is dog bite. Some states hold you strictly liable if your dog bites somebody regardless of the circumstance. And some states hold a gun owner strictly liable if a child accesses a firearm that was not properly secured.

    For most other things, though, liability requires proof of negligence.

    Quote Quoting Brian57
    View Post
    Now, does my HO policy cover those damages because they want to be nice guys or do they cover those damages because ultimately the homeowner is responsible for those damages?
    Neither. Your homeowners policy pays if you are negligent. It defends if you aren't.

    Getting back to the snowblower, your parents are not legally liable (negligent) for the neighbor's operation of their snowblower. They didn't operate it. The snowblower isn't defective. It's inherent in its operation that small pebbles can be picked up along with the snow. The neighbor is just as responsible for his own damage as he would be if he had used his own snowblower.

  8. #8
    Join Date
    Oct 2006
    Posts
    13,867

    Default Re: Help

    Quote Quoting Brian57
    View Post
    There is something to what the neighbor is claiming but I am not the person to argue it.

    I am a General Contractor and we are very cognizant of not loaning our tools or ladders to other contractors on the job site because if they fell off our ladder, it is known that we could be responsible for their injury.

    Could someone here comment on whether this a real possibility because contractors, for some reason, feel it is?
    Its partially right and partially wrong. If you lend someone something that is defective, and they get hurt or damage something, it could be your negligence. However, if you lend someone something that is in good working order, and due to their own negligence in using the item they get her or damage property, its their own negligence.

    Actually, after a little more thought, I think you may all be incorrect. Items stored in a house, whether it be a gun that does accidental harm to another person in the backcountry or one of my bicycles that does accidental harm to a vehicle or person on the road, are covered by my homeowners policy. Now, does my HO policy cover those damages because they want to be nice guys or do they cover those damages because ultimately the homeowner is responsible for those damages?

    Either way, I believe a claim could be made against the owner of the snowblower's HO policy.
    I am going to disagree. The guy damaged his own car, on his own property, using a borrowed tool. I do not see how its his neighbor's negligence.

  9. #9
    Join Date
    Dec 2008
    Posts
    592

    Default Re: Help

    When I was teaching my son to operate our snowblower, I told him it's the same as a Gun!

    He was taught, Never point a gun at something you don't plan to shoot.

    Never aim the snowblower output at something you don't want to hit/dent/damage.

    1. Sponsored Links
       

Similar Threads

  1. Service and Repair: Paint Damage to a New Vehicle
    By jjb242 in forum Cars and Dealerships
    Replies: 1
    Last Post: 02-24-2016, 10:58 AM
  2. Travel and Recreation: Customer Unfairly Ejected from a Casino
    By sung t peng in forum Consumer Law
    Replies: 35
    Last Post: 10-13-2013, 11:52 PM
  3. Traffic Accidents: How Much Do You Have to Pay for Vehicle Damage You Cause
    By tmac33 in forum Accidents and Injuries
    Replies: 5
    Last Post: 07-02-2012, 09:57 PM
  4. Retailers: Ejected From Store Based On "Attitude"
    By trueforest in forum Consumer Law
    Replies: 15
    Last Post: 05-15-2008, 04:39 PM
  5. Vandalism and Mischief: Criminal damage to a vehicle
    By buddy0343 in forum Criminal Charges
    Replies: 1
    Last Post: 09-11-2006, 03:10 PM
 
 
Sponsored Links

Legal Help, Information and Resources