What are a tenant’s rights regarding a car accident on rental property?

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What are a tenant’s rights regarding a car accident on rental property?

We live in large apartment complex. Are there any special laws involving accidents between our car and carts used by landlord in maintenance while on complex property? Or is it just regular negligence law, or does landlord have a higher duty of care? There was a property damage collision involving our car and the properties cart.

Asked on February 18, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no higher duty than that imposed by regular tort (or negligence law): if the landlord, or his, her or its, employees were negligent (or unreasonably careless) in some fashion, then the landlord could easily be liable. So if the carts were careless left in themiddle of the parking lot, or a employee rolled it into your car, etc., the landlord may be responsble. Alternately, if there was carelessness by an independent contractor or third party hired by the landlord, the landlord *may* be liable (depending on the circumstances, agreement, amount of control execised, etc.), but the contractor could also be liable. If there was no carelessness, however, there is probably no liability.


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