Pop-Up Tent: “Wind Blew My Canopy onto the Car: Scratch Liability.”

I set up my 10×10 EZ-Up tent to shade a black BMW. A sudden gust of wind lifted the tent, cartwheeled it across the hood, and scratched the roof, hood, and fender. The customer watched it happen.

Key Takeaways

  • General Liability Claim: This is “Property Damage arising out of Operations.” Your GL policy should cover the paint repair.
  • “Act of God” Defense Fails: You cannot blame the wind. You failed to secure the tent. That is negligence.
  • Weights are Mandatory: Most insurers (and common sense) require tents to be weighted (40lbs per leg). If you didn’t weight it, you were negligent.
  • Scratch Repair Costs: A scratch across 3 panels on a BMW isn’t a buff-out; it’s a repaint. Cost: $2,500+.

The “Why” (The Trap): “Mobile Equipment”

The tent is your equipment.
When your equipment damages a customer’s property, it is a liability claim.
The Trap: If you try to claim it under “Garage Keepers,” they might say the car wasn’t being “worked on” at that exact second, or that the tent is a “premises” issue.
Regardless, one of your policies (GL or GK) will cover it, but your deductible applies.

The Investigation: “I Called Them”

I simulated a tent disaster.

1. General Liability

  • Verdict: Covered. “Falling object” caused by operator negligence.

2. Prevention

  • Analysis: A set of sandbags costs $40. A repaint costs $2,500.

Comparison Table: Wind Damage

PreventionResultCost
No WeightsTent flies, scratches car$500 Ded + Rate Hike
Sandbags (40lb)Tent stays put$40 (One time)
No TentCar gets hot$0

Step-by-Step Action Plan

  1. Weight It Down: Never deploy a tent without weights on all 4 legs. Period.
  2. Check Weather: If gusts over 15mph are forecast, do not use the tent. Work in the sun or reschedule.
  3. Assess Damage: Can it be wet-sanded? If the scratch catches your fingernail, it needs paint.
  4. File GL Claim: This is an accident. File it.

FAQ

Q: Can I stake it into the customer’s grass?
A: Ask permission first! You might hit a sprinkler line (another liability claim). Weights are safer.

Q: What if the tent hits the customer?
A: That is a Bodily Injury claim. Much worse. Weights are non-negotiable.

[IMAGE: Photo of a tent leg with a sandbag weight attached vs. an unweighted leg.]

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