If atree limb fell onto my car an caused damage, what can I do about it?

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If atree limb fell onto my car an caused damage, what can I do about it?

The car was parked in a private parking lot. Damage to the windshield and side rear glass an body; about $1000. I just wanted to know if it is worth trying to get compensated and how to go about it.

Asked on December 1, 2010 under Accident Law, New York

Answers:

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

Answered 10 years ago | Contributor

Was the tree inside the perimeter of the private lot?  Can we assume that the tree was planted by the owner of the lot and that he or she had a duty to maintain the tree?  The general rule with neighbors trees is that it in order to hold them liable for limbs that fall from their trees and damage others property is if they knew that the tree was in some way diseased and did nothing to fix the problem.  That can be difficult to prove.  But maybe if the owner of the tree had them pruned on a regular basis and "should have known" that there was an issue with the tree that could have cause it to be unstable should we say, you might have a shot.  Otherwise, if it fell from the wind or a storm it will be called an "Act of God" and probably excluded from the policy of the property owner. Good luck. 


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