Can I get the state to fix my car if I was driving up highway and across the

street from a state park a tree fell on my car?

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Can I get the state to fix my car if I was driving up highway and across the

street from a state park a tree fell on my car?

I’m handicapped and disabled and I live in my car.

Asked on May 31, 2018 under Accident Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The state would only be liable, or financially responsible for, the damage done to your car if it was at fault in some way--the fact that the tree belonged to the state does not by itself make them liable. You would have to show that they had some reason to know that this tree was a particular threat--for example, that it was obviously sick, damaged, or dying, and so more likely to fall--but that despite having warning (because the tree was in  visible location and was obviously sick, etc.), they failed to take reasonable action (e.g. trimming it or cutting it down) to prevent harm or damage. If the state had no reason to take preventive action about this tree, they were not negligent or careless, were not at fault, did nothing wrong, and are not liable.


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