Your Property Damage Claims: Legal Options & Next Steps

Property Damage

When we talk about property damage, we refer to any harm that comes to physical things you own. This can include your house, car, or even bike. Property damage can happen because of uncontrollable events like storms and fires or because someone did something (or failed to do something) that resulted in harm.

Common ways property can get damaged include:

  • Harm to your house, including any damage to the landscaping or driveway
  • Destruction at a place of business
  • Damage to personal items, such as your car or bicycle

Sometimes Mother Nature is to blame, with her powerful winds, fires, hailstorms, floods, or icy conditions. Other times, it’s due to people, whether they meant to do it through arson or it was unintentional in a car accident.

Types of Property

Generally, property is split into two categories: real or personal.

Real Property includes:

  • Land itself
  • Residential homes and apartments
  • Commercial buildings like offices or retail shops
  • Permanent structures, such as garages or barns
  • Landscaping features, such as trees, perennial gardens, and ponds

Personal Property (Chattels) includes:

  • Vehicles: cars, motorcycles, boats
  • Electronics: computers, smartphones, cameras
  • Personal items: jewelry, books, clothing
  • Household items: furniture, appliances, artwork
  • Collectibles: stamps, coins, antiques

Both real and personal property can be subject to damage or destruction. If this happens, owners can seek legal compensation for their damaged or lost property.

Negligence in Property Damage Claims

Negligence claims arise when someone’s careless actions lead to damage to your property. 

To establish negligence, you must show:

  • The person had a responsibility to act with care
  • They failed to meet this responsibility
  • Their failure caused the damage
  • The damage has a specific monetary value 

Consider an example where you contract a landscaper to maintain your yard. The landscaper accidentally damages an underground pipe, causing a flood in your garden. The landscaper had a duty to work with care, which was breached by the accidental damage, leading to a specific repair cost.

Trespass to Chattels 

Trespass to chattels occurs when someone intentionally meddles with your possessions. 

To bring a claim, you need to prove:

  • The interference was deliberate.
  • It directly affected your possession.
  • It resulted in damage.

For example, say a neighbor’s child intentionally throws paint over your outdoor furniture. The furniture is your personal property, and this deliberate act could be considered trespass to chattels. This could lead to a claim for the cost of cleanup or replacement. 

Conversion

Conversion involves someone taking or destroying your property in a way that asserts control over it. This might be the right claim if your property is taken or irreparably harmed.

Imagine a scenario where a contractor is hired to renovate your office but removes and keeps your equipment. This could be considered conversion because the contractor has exerted unauthorized control over your property. You could claim the current market value of the equipment as damages.

Trespass to Land

This legal cause of action arises when someone enters your property without permission.  If an individual enters your property without consent and causes damage, you can seek compensation for the harm done.

Product Liability

Manufacturers are responsible for ensuring their products are safe. You might have a product liability claim if a product defect leads to property damage. 

To pursue this, you must show:

  • The product was defective.
  • You used it as intended.
  • The defect caused damage.

For instance, if you purchase a new electronic device that malfunctions and sparks a fire, damaging your home, you can seek damages for the repairs needed. 

What if Someone Intentionally Damages My Property?

If someone unlawfully and intentionally harms your property, it’s essential to take the following steps:

  • Report to law enforcement: Contact the police immediately to report the incident. This will ensure there is an official record of the damage, which is crucial for any legal action.
  • Stay in communication: Keep in touch with law enforcement. They can provide information on potential criminal proceedings and may help secure restitution if the perpetrator is convicted.
  • Document everything: Gather evidence of the damage and keep all documentation, receipts, and repair estimates. This information will be vital for law enforcement and for any civil claims you pursue.
  • Check your insurance: Review your insurance policy. While the perpetrator’s insurance won’t cover intentional acts, your policy might cover the damages. You can file a claim with your insurance company to get reimbursed. 
  • Civil claim for negligence: If intent is difficult to prove, you might still be able to bring a claim based on negligence. In such cases, the wrongdoer’s insurance may cover the damages if they have a relevant policy.

Remember, in these situations, you should consult with an attorney specializing in property damage to guide you through the process and protect your rights.

How Long Do I Have to Bring a Property Damage Claim?

The statute of limitations for personal property damage claims is typically six years. However, it’s crucial to consult with a Portland personal injury attorney to confirm this time frame. Exceptions or specific circumstances could alter the period you must file a claim. An attorney can provide guidance tailored to your situation and ensure you take legal action within the applicable deadlines.

Contact an Experienced Portland Personal Injury Lawyer

Property damage can be stressful and expensive to deal with. You should not have to go through this frustrating process alone. Contact Tillmann Law at (503) 773-3333 to schedule a free consultation with our Portland personal injury attorney.

Contact Us To Schedule Your Consultation

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Michael
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Inna Dem
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Aaron and his team are outstanding. When I first contacted them, I knew nothing about the firm, I simply found them through a Google search. Once Aaron started working on my cases, I quickly realized I had made the right choice. They successfully resolved two separate cases for me and achieved the best outcome possible. Throughout the entire process, they stayed in communication, kept me informed, and were always available when I had questions. I never felt like I was left wondering what was happening with my case. I also want to give special recognition to Laura, the legal assistant. She truly goes above and beyond for clients, works hard to make everything run smoothly, and genuinely cares about helping people. I highly recommend Aaron and his team to anyone looking for dedicated, professional, and compassionate legal representation. You will be in good hands and will not regret choosing them.
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Rosty Koval
30 days ago
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I can’t recommend this law firm enough. After my car accident, they made the entire legal process so much less stressful. From the very beginning, they were professional, responsive, and always took the time to answer my questions and keep me informed. I’m truly grateful for all of their hard work and dedication. If you’re looking for a law firm that will stand by you and work hard to get the best outcome possible, I highly recommend them.
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Elena Golosinskaya
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Sandy Theel
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Alexandra Burns
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Melanie De Leon
71 days ago
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I want to thank Atty. Tillmann and his team, especially his paralegal Laura, for helping us after my family's car accident. We are very happy with the outcome. I appreciate how professional everyone was, explaining things clearly and keeping us updated. The whole process was handled remotely, from our first meeting to signing the final papers. I highly recommend Tillmann Law.
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Carlos Montero Visso
106 days ago
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I am very grateful to Aaron Tillmann and his entire team for the excellent work they did on my case. Throughout the process, they were professional, respectful, and always willing to answer my questions. My case was complex and involved significant medical issues, but they handled everything with great care and achieved an outstanding result for me and my family. I highly recommend Tillmann Law to anyone looking for an experienced and trustworthy personal injury attorney. Thank you again for all your hard work and dedication.
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Tianna Hicks
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My experience working with Tillman Law has been extraordinary! The communication was 10/10 through my process, and none of my questions went unanswered. The staff was always very friendly and attentive to my needs, wants, and concerns! I am more than satisfied with the results of my case and feel that Tillman Law went above and beyond exceeding my expectations and gave me the greatest outcome. I would definitely recommend coming here. I was very stressed out due to my car accident and I felt completely hopeless- That is until I found Tillman Law! And I would encourage you to do the same.