Legal Question in Civil Litigation in California
liable
My xmas tree was put on the curb to be thrown away and someone ''supposedly threw it through my neighbors car window on the passenger side. She says I'm liable because I should have disposed of my tree in the dumpster. I didn't do the vandalism or know if she is truthful that it was the tree. Am I liable?
4 Answers from Attorneys
Re: liable
The issue is going to turn on a couple of things. First, whether there is an ordinance or even some HOA rule that says you have to dispose of the tree in a certain manner i.e. leaving it in a dumpster. If there is, then your neighbor will have to establish that this ordinance is intended to protect her from the type of harm she sustained. These ordinances are typcially passed with the intention of keeping the christmas tree collection process orderly while maintaining the aesthetics of the neighborhood, so it does not seem likely to me that your neighbor would prevail.
Second, the issue will turn on whether it is foreseeable that a vandal will throw a tree through her car window by leaving the tree at the curb and not in a dumpster. Generally, acts of crimes committed by others do not constitute foreseeable events. There are exceptions of course. Assuming this is the first time something like this has happened in your neighborhood, I think your neighbor will have a very tough case against you.
Best of Luck!
Re: liable
No. Turn it over to your homeowners insurance for handling.
Re: liable
The scenarios Mr. Moschopoulos describes are rather unlikely. I very much doubt that you could be held liable. That won't prevent the neighbor from suing you, though.
I agree with Mr. Nelson that you should turn any such lawsuit over to your homeowners' insurer.
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