Legal Question in Civil Litigation in Florida

rotten tree falls on my car

i live in a apartment. a church is next property over they had a large tree that the limb was hanging over to the apartment parking lot. a limb fell and damaged 6 cars one was mine $3500.00 damage. the apartment complex said there is nothing they can do, the church said they are not liably, yet since the limb fell the church has cut the whole tree down because it was rotten please help me thank u


Asked on 8/03/06, 5:20 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: rotten tree falls on my car

Unless you can prove they knew or should have known of the rot You have no claim.

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Answered on 8/03/06, 6:03 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: rotten tree falls on my car

unless the church or the apartment complex knew or should have known that the tree was rotten, you are probably out of luck. Had other limbs fallen before? had anyone complained? if so, you may have a case. If you have comprehensive insurance coverage, that may cover the loss. finally, you should check with the church's and the apartment complex to see if they have property insurance (like a homeowner's policy) -- that frequently will provide coverage for the loss.

Alan Wagner

www.WagnerLaw.com

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Answered on 8/04/06, 9:10 am


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