If a tree fell on my car and totalled it but it was parked in my apartment parking lot, what is the landlord responsible for?

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If a tree fell on my car and totalled it but it was parked in my apartment parking lot, what is the landlord responsible for?

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Asked on December 16, 2013 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your landlord is not your insurer: he is not responsible for damage to your property (e.g. your car) that occurs on the landlord's property unless the landlord was at fault in some way. In a "tree falling on car" situation, that means that the landlord must have known that the tree posed a hazard (or that it would have been unreasonable for the landlord to not know): for example, the tree would have had to have been visibly and obviously sick, dead, leaning/falling, etc. Unless the landlord had reason to know this tree was a particular hazard, he would not be liable.


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