What can I do if a tree limb fell on my car while driving on a public road and damaged my car?

I don’t know if the tree was on public or private land but I was very close to having a a 10 ft long by 8-10 inch diameter limb fall on my head while driving. Is the property owner liable for this?

Asked on October 2, 2014 under Accident Law, California


Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

The property owner is only liable if the property owner did something negligent that caused the tree to fall.  If the tree just fell because of, for example, violent wind as part of a storm, that is an "act of God" and the property owner's insurance will not cover that, nor is the property owner liable.

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