While Taking Out our Trash Cans My Son Scratched a Neighbor’s Car Parked Too Close to Our Gate, Are we Liable for Damage?
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Summary
I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? |
“I live in a Association Property with communal parking space in front of my backyard gate. We keep our trashcans in the back yard and bring them through this gate and the parking space to the communal street for trash day. Recently, a neighbor parked in the spot on trash day and did not leave much room between my house and his car. When my minor aged son took the trash out, after dark, he scratched our neighbor’s car. Who is liable for the damage to our neighbor’s car, us or the home owner association? We live in California.”
You didn’t provide enough information for me to answer this. Normally, if you (or, in this case, your minor son) scratch someone’s car, you are responsible for the damage. Why would the responsibility shift to the HOA in this case?
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For more on this subject check out these categories: Homeowners HOA, Next Door Neighbor Issues, Property
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
