If during a hurricane my car was struck by a large falling tree branch from a neighbor’s yard, are they responsible to pay for the damages done to my car?
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If during a hurricane my car was struck by a large falling tree branch from a neighbor’s yard, are they responsible to pay for the damages done to my car?
And, if so, how would I go about getting them to pay for damages?
Asked on November 25, 2012 under Accident Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The neighbors are most likely not responsible. To be liable, or financially responsible, someone must be at fault; fault in a case like this typically arises from negligence, or unreasonable carelessness. Clearly, there is no fault in the hurricane--that is beyond anyone's control. Therefore, to hold your neighbors liable, you would have to show that they were unreasonably careless in some way that contributed to the damage. To do that, you'd have to show that the tree was visibly sick or dead, or that branch visibly damaged or drooping excessively and ready to fall, at some point prior to the hurricane, but the neighbors did nothing about it. Also, if they won't pay voluntarily, even if they were liable, the only way to get the money would be to sue them.
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