Santa Damaged My Roof – Can I Sue?
Santa Damaged My Roof – Can I Sue?
Many homeowners notice damage to their roofs in the new year; however, rarely do they make the connection between the damage and the recent visit from Santa Claus. While not as expensive as car accidents, roof repairs are expensive and you may be entitled to damages. We can help you determine what your case is worth. This article helps you to understand your rights against Santa and anyone else who may be liable for the damage to your roof. If you want to know more about your rights against Santa Claus, please call 704.749.7747 or click for a FREE CASE EVALUATION.
Who Is Responsible For Damage To Your Home?
If someone comes to your home and causes damage, they are generally responsible for their own torts. In North Carolina, if that individual was operating a motor vehicle under the influence of alcohol or drugs you may be entitled to punitive damages. While Santa’s sleigh is not specifically mentioned, you can find the definition of a Motor Vehicle HERE, and we would argue Santa’s sleigh is included. Additionally, we are all aware of Santa’s tendency to enjoy an eggnog here and there. If your roof is damaged and you find discarded eggnog cartons on the roof or in the Chimney, keep these as evidence in the event this matter goes to trial. In North Carolina, you have rights against drunk drivers, whether they cause a car accident or damage your home.
Was Santa An Invitee To Your Home?
The rule of law applies differently depending upon whether an individual is an invitee to the premises or an intruder. This may pose a challenge to your case. You may not have invited Santa yourself, but children are known for making a specific request for Santa to visit the home. These requests are typically made at malls across the country, in a face to face meeting with Santa Claus himself, or one of his helpers. Your social media posts of your child or children on Santa’s lap may hurt your case—another reminder to be careful before you post pictures online.
Additionally, if you or your children left a note for Santa on Christmas Eve, the note may be used as evidence to show you expected Santa to visit the home. It is common knowledge that Santa typically arrives by sleigh, pulled by reindeer. It is also common knowledge he tends to use the roof as his point of landing. As a result, it may be foreseeable that Santa would land on your roof.
Social Host Liability
One thing to keep in mind is your own liability as it relates to Santa’s visit to your home. While Santa may arrive long after your family has gone to sleep, keep in mind that if you leave food and a beverage for Santa, together with a written invite for him to come to the home, you may unwittingly be taking on the role of a social host. We’ve written about Social Hosts on this site. In the event Santa is injured on your property while delivering gifts, or gets food poisoning from under-cooked cookies or spoiled milk you placed out for his enjoyment, you may be facing a counter-claim from Santa and his attorneys.
Speak With A Lawyer Today
If your roof has been damaged by Santa Claus and his reindeer, speak with an attorney today. There may be a class action matter associated with these damages, and we can help. You can reach us at 704.749.7747 or click for a FREE CASE EVALUATION. We know you have choices. We hope you choose to Recover With Us.