If a tree on my rental propertythat isowned by the city falls on my car, is the city liable?
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If a tree on my rental propertythat isowned by the city falls on my car, is the city liable?
Asked on August 10, 2010 under Accident Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Many times the issue of whether or not a person or party can be held liable for damages caused by something on their property is if the party had what is known as actual or constructive notice that the tree was dead or dying and could foreseeably cause damage. "Known" or "should have known" is how it is usually written. A landowner could not be permitted to ignore problems on their property. Recently, a Judge in New York County ruled that the City could be held liable for injuries caused a driver from a falling tree on a city owned road even though there was no evidence that the City or its employees knew of the potential problem with the dead or decaying tree. So I would say that you should absolutely speak with an attorney on the matter to see just where you stand. Good luck.
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