Legal Question in Civil Litigation in California
I parked my car in our campsite and some other campters decided to set up their camp a few feet away from ours. They failed to stake down their tent and the wind picked up and blew their tent over into our campsite and scratched my car in several spots very deep. The campers gave me their contact information before they left.
I obtained several estimates provided the estimates to the campers for their review before moving forward with the repairs. Upon submission of the final repair bill to the campers they agreed to pay one half of the total cost, claiming that they are not legally liable for the damage to my vehicle but that the wind was responsible. Are they correct or should I take them to small claims court?
Any input would be greatly appreciated.
1 Answer from Attorneys
Was the world also at fault because if ther had been no ground there either of you would have pitched a tent at that location. Sue them in Small Claims Court after writing them a note that liability is based upon negligence, the wind was not negligent in blowing and they fully adopted the risk of it blowing thelr unstaked tent over, the "wind" can not be made a defendant in any suit, under joint and several liability even theilr theroy falls apart because you can sue any party who is responsible and they all are fully liable to you for thelr damages with their having the right to go after the other unpaying defendants/parties for contribution.
Their theory has no legal basis and runs contrary to legal doctrines.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
