Can I get the state to fix my car if I was driving up highway and across the
street from a state park a tree fell on my car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I get the state to fix my car if I was driving up highway and across the
street from a state park a tree fell on my car?
I’m handicapped and disabled and I live in my car.
Asked on May 31, 2018 under Accident Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The state would only be liable, or financially responsible for, the damage done to your car if it was at fault in some way--the fact that the tree belonged to the state does not by itself make them liable. You would have to show that they had some reason to know that this tree was a particular threat--for example, that it was obviously sick, damaged, or dying, and so more likely to fall--but that despite having warning (because the tree was in visible location and was obviously sick, etc.), they failed to take reasonable action (e.g. trimming it or cutting it down) to prevent harm or damage. If the state had no reason to take preventive action about this tree, they were not negligent or careless, were not at fault, did nothing wrong, and are not liable.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.