If my car is damaged by a debris from a rock pile in a storm, left out by my apartment complex, can they be held liable?

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If my car is damaged by a debris from a rock pile in a storm, left out by my apartment complex, can they be held liable?

Asked on July 2, 2012 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your apartment complex is not your insurer; they would only be liable if they were at fault. In a case like this, fault would be based on negligence, or unreasonable carelessness; to be able to recover compensation from them, you'd  need to be able to show that it was unreasonably careless to leave the rocks where they did or pile them the way they were piled. Even if you believe that was the case, bear in mind that if they refuse to pay, the only way to get the money would be to sue and prove your case in court.


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