If a palm tree fell on my car which was parked in my townhome’s parking space, am I or the HOA responsible for damages?
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If a palm tree fell on my car which was parked in my townhome’s parking space, am I or the HOA responsible for damages?
And are they also liable for the auto insurance expenses I incur – deductible/rental car? The car is most likely totaled and I was in the vehicle when the tree fell my home security camera captured it all.
Asked on January 20, 2016 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The HOA would only be liable if at fault--the mere fact that their tree fell on your car, or that your car was damaged in their lot, does not, by itself, make them liable. To be at fault, they must have failed to take care of a known or obvious risk. So if the tree feel because it was sick, damaged, injured, etc., and if it was obviously ailing or failing, so that the HOA (or their staff, groundskeepers, etc.) should have know about the problem and taken action (e.g. cut it down), then they may be liable. But if there was no particular reason (e.g. no visible problem) to know that the tree posed a risk, then they would have done nothing wrong in not taking action and would not be liable.
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