If my landlord had prior knowledge of a dangerously leaning tree, is she responsible for damage to my car?

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If my landlord had prior knowledge of a dangerously leaning tree, is she responsible for damage to my car?

My car was damaged by a fallen limb from a tree that is leaning over the driveway and needs to be cut down .She has been notified by me and a tree service about several dangerous trees in the yard. This one happens to be over the driveway. Will her homeowners insurance cover this? I do not have comprehensive and this was not caused by (act of God) wind, storm, etc.

Asked on March 20, 2012 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When there is knowledge or notice of a dangerous condition, that is when a landlord is potentially liable for injuries or damaged caused thereby. In the situation you describe, it would seem that your landlord, having been warned (including by "experts"--the tree service) about this tree, should be liable for the damage to your car. However, bear in mind that if the landlord does not voluntarily pay, you would have to sue to recover the money; depending on the extent/cost of the damage, that may or may not be worthwhile.


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