What to do if I live in a mobile home park and a tree fell on my carport and car destroying both?

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What to do if I live in a mobile home park and a tree fell on my carport and car destroying both?

I own the mobile and rent the space. Does the property owner have any legal responsibility? I have no insurance.

Asked on April 16, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The property owner might be liable if he or she had reason to know the tree posed some particular hazard but failed to take action. That is, if someone reported to the owner that the tree was sick or dying, that it was leaning dangerously, that its  roots were failing, etc. (or in the absence  of reports, if the circumstances were such that a reasonable property owner could not help but notice the problem--e.g. the tree was in a very obvious location the owner regularly passed by) and despite knowing of the hazard, the owner did not take reasonable steps (like trimming, or even cutting down, the tree), that failure to take action to avert a known hazard can give rise to liability. Howver, without some warning of the hazard, the property owner would not be liable.


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