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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption