Q: Neighbor claims a shingle from my roof fell and hit there car and scratched it am I reliable?

A: Possibly.

In a negligence case, there are three questions that courts ask in deciding whether a defendant is liable:

1. Did the defendant owe a duty of care to the plaintiff?

2. Did the defendant breach that duty?

3. Did the defendant's breach of the duty cause harm to the plaintiff?

In the case of Lowery v. Echostar Satellite Corp., the Oklahoma Supreme Court held, "The most important consideration in determining the existence of a duty of care is foreseeability of harm to the plaintiff."

Lowery further held, "a person owes a duty of care to another person whenever the circumstances place the one person in a position towards the other person such that an ordinary prudent person would recognize that if he or she did not act with ordinary care and skill in regard to the circumstances, he or she may cause danger of injury to the other person."

Thus, the question in your case is: Could an ordinary prudent person have foreseen that if he did not act with ordinary care and skill, the shingle would blow off your roof and damage the plaintiff's property?

If the answer is yes, then you are liable.

Since I don't know the full facts of your situation, I can't say how a judge would rule in a case like yours.

To read the Lowery case, click here: http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=160+P.3d+959

A: It's possible you could be, if your shingle did in fact cause damages. Practical considerations here could include the issue of establishing that the shingle did in fact cause the damage, whether insurance would cover it, and if it would be more sensible to try to resolve the matter without going to court.

Tim Akpinar