If a palm tree fell on my car which was parked in my townhome’s parking space, am I or the HOA responsible for damages?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a palm tree fell on my car which was parked in my townhome’s parking space, am I or the HOA responsible for damages?

And are they also liable for the auto insurance expenses I incur – deductible/rental car? The car is most likely totaled and I was in the vehicle when the tree fell my home security camera captured it all.

Asked on January 20, 2016 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The HOA would only be liable if at fault--the mere fact that their tree fell on your car, or that your car was damaged in their lot, does not, by itself, make them liable. To be at fault, they must have failed to take care of a known or obvious risk. So if the tree feel because it was sick, damaged, injured, etc., and if it was obviously ailing or failing, so that the HOA (or their staff, groundskeepers, etc.) should have know about the problem and taken action (e.g. cut it down), then they may be liable. But if there was no particular reason (e.g. no visible problem) to know that the tree posed a risk, then they would have done nothing wrong in not taking action and would not be liable.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption