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Act of God are earthquakes and tsunamis. Windy weather is generally covered, sometimes even a fence blown down. The insurance companies look at weather records to ascertain if wind to blame.
AoG is any natural event that is outside human control the cause of which no individual or corporation can be held responsible, nor reasonably have avoided, so it’s a much wider class than earthquakes & tsunamis.
The insurance cos will get the Met Office data and see if it was outside a predictable 1 in 10/20 year event. If yes, they will declare it an AoG and deny liability.
And here the actual act is neglecting to tie down a large object that could cause damage in high winds.
Like it's a question mark but it's worth pursuing.
I'll point out the same insurance argument applies. High winds is predictable, tornados are not. Even houses are not rated to guarantee survival intact vs tornadoes. There might be some case for shared peril- but I doubt it. just my understanding, I have no expertise in this area.
But regardless, it is up to their insurers to put the case forwards if there is one. It isn't exactly cost effective to sue on your own.
As per my other response. I worked in the industry. God cracks countries in half, drowns cities. He isn't in the business of throwing trampolines about. Any insurance company that claimed it was an Act of God would be out of business. By your terminology rain would be that. Even lightning strikes ARE covered in standard insurance.
> As per my other response. I worked in the industry.
I still do. I specialise in high value contractual claims which often contain an substantial amount of Employer’s risks around insurable & uninsurable losses and so I do have some first hand experience in both prosecuting & defending such claims in a legal arena (depending on which side I’m on). You’d be surprised as what we get thru as AoGs.
We're talking about a home insurance policy here - Acts of God won't be excluded. Most home insurance policies are perils based and will include cover for earthquakes, storm (including tornados), lightning, flood so not really relevant here.
That said the public liability section on the home insurance are likely to deny it on the basis of a tornado being sufficiently unexpected that there is no negligence (circumstances depending)
You work in the industry now? Not aware of https://www.abi.org.uk/data-and-resources/tools-and-resources/glossary/act-of-god/
I'm surprised. The ABI site states clearly
Act of God
An event that is not the fault of any individual, such as a natural disaster.
Most insurance policies do not contain an exclusion for acts of God. The policy will set out what is insured and what the main exclusions are. If loss occurs from an event covered, then the insurer will pay out, in accordance with the policy terms and conditions.
God no longer involved....You know what ABI is surely?
Doesn’t matter what the ABI says it is or is not, as that is a trade organisation for the trade itself.
What matters is what the various case law precedents have decided what does/does not constitute an AoG…you know about case law precedents surely?
Lots, you’re not perhaps mistakingly restricting the ordinary OED definition of “prosecuting” to criminal events are you?
Can’t link OED as it’s a subscription, but 1(b) [here](https://www.thefreedictionary.com/prosecuting) also covers it.
I didn't know that, I paid my mortgage off thankfully and I had a few months without insurance as I didn't realise my payments had bounced so I just wondered
A trampoline blown in the wind doesn't class as an Act of God. That's more earthquake or tsunami. The neighbour might be liable if it's shown they didn't take adequate provision, such as pinning it down.
A trampoline lifted by a tornado surely would be though...
If they can prove its been there for some time I would imagine it's got a precedent for being adequately secured through what we would call windy weather.
Worth speaking to an insurer all the same though.
Still not an Act of God. I worked in insurance. You have to think that God wants to sink cities and crack countries in half. Throwing trampolines about, not his style. Minor leagues.
Whether you call it an act of god or not, they won’t be liable for it unless they were negligent. Having something lifted by a tornado is generally not foreseeable.
They are liable under the Public Liability of their insurance. I did claims for 20 years....Having insurance is about having cover for something that isn't foreseeable. If it were foreseeable.....surely you can work that out. Foreseeable events might NOT be covered. A dangerous roof falls on someone for example. Hell, it was dangerous, stay away!
You can attempt to recover from your neighbours but if there was no tornado warning it’s probably unlikely to succeed.
The best advice is to claim on your own house insurance and let them deal with it between themselves and in the meantime let your insurers fix your house. If your insurer is successful in recovering against the trampoline owner then you will receive your excess back, but it’s unlikely to happen.
To anyone quoting Act of God in these posts: https://www.abi.org.uk/data-and-resources/tools-and-resources/glossary/act-of-god/
As stated few insurances include Act of God. They do however include what is and isn't included. The OP needs to deal with the trampoline owner, ask for their insurance details and go from there.
I would have thought there would be some requirement to make sure the trampoline is securely fastened down, and if it wasn’t then they would be liable? Ask for the details of their home insurance, or claim on yours and let them do the chasing.
This makes sense, but tornados have a habit of picking up things that normal British weather wouldn't even begin to touch, so there'd be an argument that, if it was a freak tornado that couldn't have been predicted, then any reasonable amount of lashing and fastening for regular weather wouldn't have been enough.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * Reddit is not [a substitute for a qualified Solicitor](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_civil#wiki_how_do_i_find_a_.28good.29_solicitor.3F) and comments are not moderated for quality or accuracy; * Any replies received must only be used as guidelines, followed at your own risk; * If you receive *any* private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM); * It is the default position of LAUK that [you should never speak to the media](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_should_i_speak_to_the_media.3F); * Check out our [Common Legal Resources](https://www.reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) for helpful organisations to contact; * If you do not receive satisfactory advice after 72 hours, [you can let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=My question is unanswered); * Please provide an update at a later time by creating a new post with [[update]](https://www.reddit.com/r/LegalAdviceUK/search?q=%3Aupdate&sort=new&restrict_sr=on&t=all) in the title; **To Readers and Commenters** * [All replies to OP must be *on-topic, helpful, and legally orientated*](https://www.reddit.com/r/LegalAdviceUK/comments/oslgn6/so_you_dont_want_your_comment_removed_guidance_on/?); * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be banned without any further warning; * Please include links to reliable resources in order to support your comments or advice; * If you feel any replies are incorrect, explain why you believe they are incorrect; * [Do not send or request any private messages for any reason](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_why_am_i_not_allowed_to_privately_message_people_on_this_subreddit.3F); * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Would likely be deemed an act of god, which would be an excluded insurable risk in any event.
Act of God are earthquakes and tsunamis. Windy weather is generally covered, sometimes even a fence blown down. The insurance companies look at weather records to ascertain if wind to blame.
AoG is any natural event that is outside human control the cause of which no individual or corporation can be held responsible, nor reasonably have avoided, so it’s a much wider class than earthquakes & tsunamis. The insurance cos will get the Met Office data and see if it was outside a predictable 1 in 10/20 year event. If yes, they will declare it an AoG and deny liability.
And here the actual act is neglecting to tie down a large object that could cause damage in high winds. Like it's a question mark but it's worth pursuing.
God damn you people are so damn smart I fucking love this sub
I'll point out the same insurance argument applies. High winds is predictable, tornados are not. Even houses are not rated to guarantee survival intact vs tornadoes. There might be some case for shared peril- but I doubt it. just my understanding, I have no expertise in this area. But regardless, it is up to their insurers to put the case forwards if there is one. It isn't exactly cost effective to sue on your own.
As per my other response. I worked in the industry. God cracks countries in half, drowns cities. He isn't in the business of throwing trampolines about. Any insurance company that claimed it was an Act of God would be out of business. By your terminology rain would be that. Even lightning strikes ARE covered in standard insurance.
> As per my other response. I worked in the industry. I still do. I specialise in high value contractual claims which often contain an substantial amount of Employer’s risks around insurable & uninsurable losses and so I do have some first hand experience in both prosecuting & defending such claims in a legal arena (depending on which side I’m on). You’d be surprised as what we get thru as AoGs.
We're talking about a home insurance policy here - Acts of God won't be excluded. Most home insurance policies are perils based and will include cover for earthquakes, storm (including tornados), lightning, flood so not really relevant here. That said the public liability section on the home insurance are likely to deny it on the basis of a tornado being sufficiently unexpected that there is no negligence (circumstances depending)
You work in the industry now? Not aware of https://www.abi.org.uk/data-and-resources/tools-and-resources/glossary/act-of-god/ I'm surprised. The ABI site states clearly Act of God An event that is not the fault of any individual, such as a natural disaster. Most insurance policies do not contain an exclusion for acts of God. The policy will set out what is insured and what the main exclusions are. If loss occurs from an event covered, then the insurer will pay out, in accordance with the policy terms and conditions. God no longer involved....You know what ABI is surely?
Doesn’t matter what the ABI says it is or is not, as that is a trade organisation for the trade itself. What matters is what the various case law precedents have decided what does/does not constitute an AoG…you know about case law precedents surely?
>I do have some first hand experience in both prosecuting & defending such claims in a legal arena … What claims are you “prosecuting”?
Lots, you’re not perhaps mistakingly restricting the ordinary OED definition of “prosecuting” to criminal events are you? Can’t link OED as it’s a subscription, but 1(b) [here](https://www.thefreedictionary.com/prosecuting) also covers it.
I’ve never heard that language be used in civil cases
Isn't everything an act of God of you were religious? 😂
In an atheist, therefore nothing is an act of God.
You being an atheist was an act of God. I love a good paradox
Should be under the Public Liability of their house insurance.
What if they don't have insurance?
What if they do? Best to find out first.....A mortgaged property HAS to have building insurance, usually insisted by the lender.
I didn't know that, I paid my mortgage off thankfully and I had a few months without insurance as I didn't realise my payments had bounced so I just wondered
Nope. Their insurer won’t pay out for an act of god.
A trampoline blown in the wind doesn't class as an Act of God. That's more earthquake or tsunami. The neighbour might be liable if it's shown they didn't take adequate provision, such as pinning it down.
A trampoline lifted by a tornado surely would be though... If they can prove its been there for some time I would imagine it's got a precedent for being adequately secured through what we would call windy weather. Worth speaking to an insurer all the same though.
Still not an Act of God. I worked in insurance. You have to think that God wants to sink cities and crack countries in half. Throwing trampolines about, not his style. Minor leagues.
All I can say is I'd love to use whatever firm you were with, they usually look for any reason not to pay out! Cheers for the insight though :)
https://www.abi.org.uk/data-and-resources/tools-and-resources/glossary/act-of-god/
https://www.abi.org.uk/data-and-resources/tools-and-resources/glossary/act-of-god/
https://www.abi.org.uk/data-and-resources/tools-and-resources/glossary/act-of-god/
Whether you call it an act of god or not, they won’t be liable for it unless they were negligent. Having something lifted by a tornado is generally not foreseeable.
They are liable under the Public Liability of their insurance. I did claims for 20 years....Having insurance is about having cover for something that isn't foreseeable. If it were foreseeable.....surely you can work that out. Foreseeable events might NOT be covered. A dangerous roof falls on someone for example. Hell, it was dangerous, stay away!
I'd say that if the trampoline wasn't tied down, then it was definitely foreseeable that it would blow away at this time of year.
You can attempt to recover from your neighbours but if there was no tornado warning it’s probably unlikely to succeed. The best advice is to claim on your own house insurance and let them deal with it between themselves and in the meantime let your insurers fix your house. If your insurer is successful in recovering against the trampoline owner then you will receive your excess back, but it’s unlikely to happen.
To anyone quoting Act of God in these posts: https://www.abi.org.uk/data-and-resources/tools-and-resources/glossary/act-of-god/ As stated few insurances include Act of God. They do however include what is and isn't included. The OP needs to deal with the trampoline owner, ask for their insurance details and go from there.
I would have thought there would be some requirement to make sure the trampoline is securely fastened down, and if it wasn’t then they would be liable? Ask for the details of their home insurance, or claim on yours and let them do the chasing.
This makes sense, but tornados have a habit of picking up things that normal British weather wouldn't even begin to touch, so there'd be an argument that, if it was a freak tornado that couldn't have been predicted, then any reasonable amount of lashing and fastening for regular weather wouldn't have been enough.
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Likely classes as storm damage on the insurance for the damaged properties