Who is liable if my car is damaged by my landlord’s property?

UPDATED: Apr 6, 2012

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Who is liable if my car is damaged by my landlord’s property?

I parked my car when I got home from work. As I left to get dinner, I heard a horrible noise. When I got out of my car the front bumper was partially off. After examining it, I noticed that rebar was sticking out of the concrete stopper. It had caught on my bumper and torn it off. I want to know if they are liable for this damage.

Asked on April 6, 2012 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

They *might* be liable: you would have to show the following:

1) That to have the rebar sticking out, to the extent that it was,  was negligent or unreasonably careless--this will depend on how far it was sticking out.

2) That the landlord knew or reasonably should have known of the hazard--if he did not, there would be no liability.

3) You were not yourself contributorially or comparatively negligent--that is, you were not negligent or careless in how close you parked to the stopper. Your own liabilty will reduce, and in some cases eliminate, what you could recover.

If the landlord does not voluntarily compensate you, you would need to sue the landlord and show 1) and 2) above in court by a preponderance of the evidence ("more likely than not") and also refute or minimize any attempt by the landlord to show your negligence.

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.

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