Who is responsible if my daughter rents a house and 3 bricks fell off the chimney and crashed through the sunroof of her car that was parked in the driveway?

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Who is responsible if my daughter rents a house and 3 bricks fell off the chimney and crashed through the sunroof of her car that was parked in the driveway?

Asked on May 24, 2012 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It is difficult to say who is responsible for what with out reading a lease agreement.  But I would say that the chimney was probably not in good shape and absent an act of God like a hurricaine or tornado or something of that sort, it is a structural defect and that the home owner would be responsible for the repair and for the dmamge that resulted.  If she has car insurance she may want to collect under it and see if her company will subrogate against the home owners insurance company.  Good luck.


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