Where do you stand in the law if ?

Question

you are walking down the street and you accidently kick a stone and it hits a car windscreen?

Answer 1

"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.]

Answer 2

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?

Answer 3

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.

Answer 4

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.

Answer 5

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

Answer 6

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?".

Answer 7

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?

Answer 8

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.

Answer 9

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.

Answer 10

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 £50 retainer just offer to pay that