Is the neighbor responsible for damage to cars caused by a branch of their tree?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is the neighbor responsible for damage to cars caused by a branch of their tree?
My friend’s car and rental cars’ back windshields were smashed out by falling branches owned by a neighbor who was asked to trim the branches but did not. He has a $1,000 deductable. Is the neighbor liable?
Asked on July 5, 2012 under Real Estate Law, Virginia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Whether or not your neighbor is liable for the damages caused by trees with respect to windshields of cars parked in the neighborhood depends upon if your neighbor knew or should have known that his or her trees could cause damages that you have written about.
If this neighbor was asked solely to trim the trees from a cosmetic aspect is entirely different than if the neighbor was warned that his or her trees were a dangerous condition. If the latter, then the neighbor could be liable for the damaged windshields.
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.