If my landlord had prior knowledge of a dangerously leaning tree, is she responsible for damage to my car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my landlord had prior knowledge of a dangerously leaning tree, is she responsible for damage to my car?
My car was damaged by a fallen limb from a tree that is leaning over the driveway and needs to be cut down .She has been notified by me and a tree service about several dangerous trees in the yard. This one happens to be over the driveway. Will her homeowners insurance cover this? I do not have comprehensive and this was not caused by (act of God) wind, storm, etc.
Asked on March 20, 2012 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
When there is knowledge or notice of a dangerous condition, that is when a landlord is potentially liable for injuries or damaged caused thereby. In the situation you describe, it would seem that your landlord, having been warned (including by "experts"--the tree service) about this tree, should be liable for the damage to your car. However, bear in mind that if the landlord does not voluntarily pay, you would have to sue to recover the money; depending on the extent/cost of the damage, that may or may not be worthwhile.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.