Who is responsible if a tree limb fell and damaged my car at my townhome community?

The property management company, hired by my HOA, takes responsibility for the landscaping in all common areas. A dead branch, from a tree in a common area, has fallen and broken the windshield of my car. Are they liable for the damages?

Asked on March 22, 2012 under Real Estate Law, North Carolina

Answers:

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

Answered 8 years ago | Contributor

Generally speaking, you have to be able to prove that knew or should have known that the limb was dead and that it could have potentially caused the damage that it did.  Listen, I would try and I would also make a claim on your insurance and if they pay, let them subrogate against the HOA.  Good luck.


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