Ensuring You Receive the Compensation You Deserve after a Neighbor or Someone Else Damages Your Property in NJ
New Jersey weather is increasingly unpredictable. The rainfall and winds vary from light to moderate to severe, which can cause flooding and damage. New Jersey has also experienced hurricanes that caused considerable damage. However, questions arise as to liability and how to seek compensation if a neighbor’s failure to maintain the safety of their property causes damage to yours. Neighbors and third parties that cause property damage can sometimes, but not always, be held responsible through legal action. In these cases, proving neighbor liability in property damage cases and obtaining compensation can be a hefty task. It will depend on many factors, including what their homeowner’s or flood insurance covers. Sometimes, the only way to get the money you deserve to address your property damage is through litigation. In standard cases, a homeowner goes through their own insurance company to cover the costs of damage resulting from a storm. But as is always the case in life and in law, there are exceptions.
They say a person’s home is their castle, a safe refuge from the outside world. When your home is damaged, it creates anxiety and stress. At Cohen & Riechelson, we understand how difficult it must be and will work with you every step of the way. If you have questions about property damage caused by a storm or other legal matters involving a neighbor or someone else causing damage to your property in Princeton, Burlington, Trenton, Hamilton, East Windsor, Pennington, Mercer County, or elsewhere in New Jersey, call us at (609) 528-2596 to receive a free legal consultation or complete our contact form to learn more.
What Are Some Common Causes of Neighbor-Related Property Damage in New Jersey?
One of the most common problems with storm damage comes from fallen trees. During a storm, if a neighbor’s tree falls on your property, your homeowner’s insurance can be used to cover the damage, but if the tree is dead and rotting, you could have a negligence case. Debris, such as branches or other objects blown into your yard, can also be an issue that may be considered your neighbor’s fault, at least partially. A dry, dead tree struck by lightning can ignite a fire that spreads to your property. When neighbors’ drainage or landscaping causes your property to flood, they could be at fault.
Take an example. A homeowner is concerned that his neighbor’s runoff is flooding his property every time it rains. His neighbor’s gutters and drainage system need an overhaul or at least to be cleaned out. The gutters and downspouts are clogged, and every time there is more than a brief shower, the overflow from their drainage system fills the homeowner’s yard and sometimes floods the basement. Heavy rainfall in New Jersey is expected, and the homeowner is worried that their foundation may be damaged if the flooding continues. Then, a heavy storm hits New Jersey and his concerns turn into a reality.
What Are the Factors That Determine Neighbor Liability in NJ?
Unsafe Conditions on a Neighbor’s Property
Property owners are responsible for maintaining their property free of hazards such as dead trees, clogged or damaged gutters, run-down structures, or faulty drainage systems. They are responsible for trimming or removing trees and making home repairs such as fixing a loose roof, a broken fence, or a weakened retaining wall. When failures to maintain their property in a safe manner damages yours, it is a possibility that your neighbor may be held liable.
Negligent Neighbors
But what about negligence? When a property owner fails to provide reasonable care that causes damage or injury, they are considered negligent. In New Jersey, there are four factors that must be proven by a preponderance of the evidence. All four must be true for a negligence claim to be determined. The first is a duty of care. If a neighbor owes a certain level of care, fails to meet that standard, which in turn causes the damage, and the injured party has damages due to the accident, their actions or failure to act can be considered negligent.
For example, your neighbor bought a trampoline for her children for the summer. She asked her husband to anchor it to the ground to avoid any mishaps should the wind pick it up. Unfortunately, before he could set it firmly in the ground, a storm blew the trampoline into their neighbor’s yard, crashing into the glass French doors on their patio. When they bought the trampoline, they had been advised to anchor it. By not doing so or removing it and putting it in the garage, they are most likely to be held responsible for damaging their neighbor’s house.
“Acts of God”
The “Act of God” defense refers to unforeseeable natural events that occur entirely because of storm damage. Any event beyond human control that could not have been prevented and was caused by a natural act, such as a flood, fallen trees, or other issues, is usually covered by insurance.
Shared Fences, Shared Responsibility
Neighbors can share responsibility for property damage caused by storms. This concept is known as comparative negligence. To recover a settlement, the person seeking compensation for the damage must be less than 50% at fault. For example, if the neighbors share a fence and neither has maintained it, both neighbors could be responsible for repairing it if it falls during a storm.
What Should You Do After Neighbor-Induced Damage to Your Property in NJ?
Before taking pictures and inspecting the damage, make sure the area is safe. Call your insurance company immediately to report the accident and get information about your coverage. Talk with your neighbor, inform them of the damage, and advise them if you are considering a potential claim of negligence. You never know; they may offer to pay for a portion of your damages right away. If that is not the case, and you believe they were negligent, it is time to hire a lawyer to provide legal advice and explain the next legal steps.
Contact Cohen and Riechelson to Explore Your Options for Compensation after a Neighbor Causes Property Damage in Mercer County, NJ
Property damage cases can be complex, especially when dealing with neighbors. Most neighbors get along, but a cordial relationship can go pear-shaped quickly when there are legal issues at hand. The first step is to investigate what happened in as detailed a manner as possible to determine liability. At Cohen & Riechelson, we have access to experts who can analyze all of the specifics of your accident to determine best how to proceed. If you have a viable claim against your neighbor or someone else for damaging your property, our team of seasoned attorneys won’t give up unless you receive maximum compensation for your damages. We are ready to fight for you in court if necessary or by negotiating a settlement to obtain the financial award you are entitled to.
To discuss your case involving property damage that you believe your neighbor is responsible for in Ewing, Hightstown, Hopewell, Lawrence, Robbinsville, West Windsor, and surrounding areas in New Jersey, our legal team of property damage attorneys is on your side. Contact us today at (609) 528-2596 to receive a free case review.
