Legal Question in Civil Litigation in California
property damage
Do I have a case against an apartment complex when a tree located in the parking lot fell and broke the windshield of my car that was loaned to my daughter who is a tenant of the apartment complex?
2 Answers from Attorneys
Re: property damage
Maybe. Why did the tree fall? If it was an "Act of God" (ie wind) than probably not. But, if you can show that the tree was damaged or rotted and that caused the fall, you may be able to recover.
Re: property damage
The apartment management/owner may be liable if you can prove that the branch did in fact break the windshield, and the tree's branch broke off due to rot or the lack of maintenance generally. This is why God created cameras. If there are no photos, witnesses, or immediate complaints against the management/owner of the complex, it may be difficult to prove.
Good luck.
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