Legal Question in Civil Litigation in California
Can I be held liable?
A planter that was sitting on the ledge
of my patio was blown over one windy
night onto a car below, leaving a
couple of small dents. This is a rental
unit and the property management's
insurance does not cover this and the
owner of the car came and asked me if
I claim responsibility. Although he has
contacted his insurance company, he
does not want his premium to be
increased and expects me to pay for
damages. Is it my responsibility to
pay?
2 Answers from Attorneys
Re: Can I be held liable?
If the planter was YOURS and regularly maintained by you, the answer is yes. If the planter is property of the building and not maintained by you, although you can be sued, you have no actual liability. If you have "renter's insurance" turn in a claim. Otherwise, if you get sued, you have to "cross-complain against the landlord for "indemnity and contribution" which really means "I got sued, but its your fault, so protect me."
Good luck
Mark Mitchell Geyer
Re: Can I be held liable?
Just call your renter's insurance carrier and they will take care of everything.
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