Legal Question in Personal Injury in California

I was parked in a business parking lot. Granted I went to a different business while parked there. While I was away from the vehicle, the top of the palm tree broke and broke the front windshield and broke the turn signal lens cap. Is the business responsible for the damage? I couldn't find the proper category, if you could point me in the proper direction, that would be greatly appreciated.


Asked on 2/08/16, 6:32 pm

2 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

I believe the business owner is liable for the damage to your car. Property owner has a duty to maintain his property so to avoid dangerous conditions. This sounds like a small claims matter.

Good luck

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Answered on 2/08/16, 7:30 pm

I disagree with Mr. Lupoff other than that it sounds like a small claims case. Premises liability is not so automatic as he says. A property owner only must take reasonable measures to identify hazardous situations on their property and to correct or adequately warn about the ones the owner knows about. A property owner is not obligated to make a branch by branch inspection of every tree on their property to assure that none of them could possibly fall. And even if they did fail to make adequate inspections a) it's your burden of proof in court that they failed to inspect adequately or at all AND b) that adequate inspection would have revealed the danger, OR the inspection was adequate, did disclose the danger, AND the owner did nothing about it.

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Answered on 2/09/16, 11:43 am


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