Legal Question in Landlord & Tenant Law in California

Who will pay for the damages

Rental house; tentant car was parked inside the garage & light fixture fell on top of the car. Who's responsible for the car repair, homeowner or tenants?

The owner does not want to go through their homeowner's ins., cause ded is $1000.00 and ask tenant to go through their auto ins., $500.00 ded. Owner will offer $500.00 to fix car if tenant does not rpt to ins company. Total damages exceeds $1,000.00. Tenant is willing to use their own policy if owner will pay for the $500.00 ded. Does tenant have right to do that?


Asked on 10/12/06, 1:24 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Who will pay for the damages

You have a question that appears on every first year law student's final exam. The legal doctrine that applies in your case is called res ipsa loquitor, meaning the thing speaks for itself. What this means is that lights usually do not fall from the ceiling unless someone is negligent. So, the last peson who worked on the fixture would be responsible. Whether that is your landlord, you or someone else depends on the facts of your case. Arguanbly, if you were the last person to change the lights in that fixture, you may be liable for you own damages.

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Answered on 10/12/06, 1:53 pm


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