A tree on my landlords property fell on my car during a storm. Could I sue the landlord for the deductible?

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A tree on my landlords property fell on my car during a storm. Could I sue the landlord for the deductible?

This happened in Illinois. The tree was not
rotted but the superintendent of the
building said he believed the branch would
fall sooner or later.

Asked on July 15, 2019 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

 Because the super said "he believed the branch would fall sooner or later" you could in theory sue: the landlord, or at least the landlord's agent (the super) was aware of the risk but failed to take action to remediate it.  But if you don't have the super's statement in writing, how will you prove this, if he recants and refuses to testify that he said this or was aware of the risk? Under the rules of evidence, you cannot testify in court about what the super said--it would be inadmissible hearsay (testimony about what another person said). Without some documentary proof of this, you'd lose any lawsuirt if the super did not testify accurately and truthfully.


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