Where do you stand in the law if ?

ParaNYC

"Where do you stand in the law if you are walking down the street and you accidentally kick a stone and it hits a car windscreen?"

The quick answer to your question is "It's an accident for which you are not likely to be held liable to pay damages."

Generally, the law recognizes that accidents happen and that they are often nobody's fault. Although you don't have to intend to cause harm or property damage in order to be held liable for it, there must be some factor that makes you responsible for it.

If you were walking down a street with cars parked along it and your were playfully kicking a stone that hit and damaged someone's windshield, then you would likely be held liable since you should have reasonably known that kicking a stone around cars could result in such damage. But if it the contact was accidental and the damage accidental, you would not be held liable for it.

That isn't the case where there is "strict liability." Professional demolitions experts, for example, are held strictly liable for damage that results from explosives they use in their job even where they couldn't reasonably have predicted that damage. But strict liability is specifically spelled out in statutes and does not apply to dudes who happen to accidentally kick up a stone on the street.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

mannyhoggstrom

Well i study law and i say it was an accident and if they don't accept it the police will and your fine.

prettywoman

You should leave a note on the broken windsreen with the name and address of someone you don't like.... hee hee

PETER F

It would be almost impossible for the owner of the car to prove that you kicked it and even if they did since you do not personal insurance to cover such an eventuallity they would have to take you to court to get any money back. Not only would this be expensive, the odds of them wining would be slim. In short I wouldn't worry about it.

Also it is unlikely that you would do much damage to a windscreen simply by accidentally kicking a stone at it. To break one you would have to deliberately kick a reasonably sized stone with a lot of force.

So if you have broken someones windscreen in this way they I doubt it was an accident, but either way paying to get it fixed is the right thing to do.

LYN W

Yes, this is a matter of intent more than anything although negligence plays a factor. By Kicking the stone, did you know or should you have known it would cause damage to the car?

In the event of it being accidental in the course of walking then that is what it is. I doubt the courts would do anything unless there was extensive damage or it resulted in injury of some kind or death.

There are various scenarios and it would depend on if the litigation was criminal or civil.

Hope this helps

personnally i would just run for it.

but if you have been caught if you offer to pay for the damage the law needn't be brought in.

you can claim for a new windscreen on your insurance and it only costs Â£50 retainer just offer to pay that

alan c

Shout at top of your voice, "" who threw that ficking stone at me"

forest lover

depends on if anyone saw u. :P

spiko

Providing you didn't damage the screen you won't have any problem.
If you cracked the windscreen (very hard to do with a small stone). Morally it would be better to own up and leave a note on the windscreen with your number, so the owner can contact you. Legally the owner if the car would have to prove you damage the windscreen and hence would would be charged with criminal damage (worst case scenario). If you denied it and there were no witnesses then its your word against his and you would walk away completely clean.

Just as reliable as if you are driving and accidentally hit a car that hits another car.

chris

You're standing in s*** there.

marco

run and hope they don't catch you

Guardian angel

For an offence to be committed there has to be intent

Proud to be an AMERICAN

Perhaps negligence.

Victor ious

It all broils down to (1) the driver fingering you (2) the cop answering the call -and if it goes to court- (3) the Judge and how his mood is that particular day.

And then there's "OPTION B"
Upon realizing what you did, immediately start pointing off in one direction and yell, "STOP! STOP! I SAW WHAT YOU DID YOU BAD MAN! STOP!"
This sets you up as a hero in the eyes of the driver - assuming he's dumb as a rock.

muttentrumpet

no offence. you didnt do it on pupose and were not reckless

manforallseasons

You get hung, drawn and quartered.

Well, you do if its my car.

Biggles

I have done this several times over the years, without breaking windows. However, the stones have struck cars. Probably, causing scratches and dents. My reasoning on the matter is that cars get struck by stones regularly, its a natural occurance.

I suppose the question would be" was the stone aimed deliberately at the window?".

Katkin

Legally they probably can't touch you. But morrally, accident or not YOU broke it so why should the owner pay for it? A broken windscreen is hardly a 'naturally occurring scratch' is it now?

johncondo2001

if your rich nothing if your middle class a find and pay for the windshield if your poor the death penalty

PAUL H

If it's an accident, then you are in the clear; but you might have a job convincing anyone that a stone was accidentally kicked with such force as would be lifted high and far enough to hit a car windscreen. Was there any damage to the car?

Technically you should leave a note or report it....But i would leg it

louise b

really you should report it or give the people the money for a new wind screen but me i wuld run as fast i could to get away.

starchild91

its going to be quite difficult to make a judge believe that you accidentally kicked a stone hard enough to fly up and hit a windshield

Will H

i would offer to pay for any damages.
depending on the extent of the damage caused it is unlikely to go to court but if it does you could be liable for negligance and then you may end up having to pay court costs as well as for the damage.
if you are unsure it would be best to seek proper legal advice from a qualified solicitor and unfortunately i am not yet qualified.
so acting on any advice i have offered is at your own risk.

Bob D

Technically you are responsible for your actions and as such would be responsible for repairs unless you can prove someone left the rock where they shouldn't have through negligence. An example would be a nearby sidewalk construction site and they spilled rocks where pedestrians have to walk. Morally, no question, pay up.

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