If a tree fell on my car and totalled it but it was parked in my apartment parking lot, what is the landlord responsible for?

UPDATED: Dec 16, 2013

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If a tree fell on my car and totalled it but it was parked in my apartment parking lot, what is the landlord responsible for?


Asked on December 16, 2013 under Accident Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your landlord is not your insurer: he is not responsible for damage to your property (e.g. your car) that occurs on the landlord's property unless the landlord was at fault in some way. In a "tree falling on car" situation, that means that the landlord must have known that the tree posed a hazard (or that it would have been unreasonable for the landlord to not know): for example, the tree would have had to have been visibly and obviously sick, dead, leaning/falling, etc. Unless the landlord had reason to know this tree was a particular hazard, he would not be liable.

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