Is my landlord responsible to pay for damages to my car caused by a fallen tree branch?

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Is my landlord responsible to pay for damages to my car caused by a fallen tree branch?

My landlord has a dead tree in the front yard One of the tree branches fell off and broke my windshield.

Asked on May 30, 2011 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The key issue here is whether or not the landlord knew--or at least should have known (i.e. any reasonable person in the landlord's place would have known)--that the tree was dead and posed a hazard. If the landlord knew this, then there is a good chance that he or she would be liable, on the basis that to not take care of a dead tree when you know about is negligence (unreasonable carelessness). On the other hand, if the tree was outwardly healthy and the landlord did not and reasonably should not have known *prior* to the branch falling that there was a hazard, then the landlord would probably not be liable...in that case, there was no negligence and therefore no fault.


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