A tree fell on my car who has to pay??

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A tree fell on my car who has to pay??

While at work, a tree fell onto my car and several other coworkers cars. My car took damage to the windshield and hood. Would my works property insurance be able to cover the damages, or could I possibly take them to small claims. MI

Asked on August 3, 2016 under Accident Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A property owner or an employer is not an insurer; they are only liable for damage that occurs on their property if they were at fault in some way. (Note: if they are not liable, their insurance does not have to pay, either.) To be at fault, you'd have to show that they knew or logically must have known (i.e. it was visually obvious) that the tree was sick, dying, dead, etc. and posed a particular threat, but despite knowing of the threat, failed to act (e.g. cut it down). If they were not negligent (unreasonably careless) or otherwise at fault, they are not liable.


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