Legal Question in Landlord & Tenant Law in New York

car damage in apartment complex

Today in NY we had a lot of rain and strong wind gusts all day. During one of the gusts a few shingles fell off the roof of my apartment building and landed on my car. One hit the hood and the other hit the roof, severely scratching my new car. Is it the responsibility of the management company to pay for my car to be fixed or what? After all, it is their building and their shingles that damaged my car.


Asked on 12/23/04, 11:06 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: car damage in apartment complex

The case will turn on whether or not the management company was 'negligent'. Prior notice of the risk (knowing the tiles might be loose, or no pattern of inspection) would establish negligence.

If the judge agrees the management company should check the roof periodically, then you win.

Also, the judge may find for you on the basis of 2 other theories: straight causation without requiring negligence and as a transferred externality.

Your odds are good to win in small claims court.

You are welcome to a consultation for no fee.

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Answered on 12/24/04, 11:54 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: car damage in apartment complex

Not unless the management company was aware that it had losse shingles that would likely fly away in a typical storm.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 12/24/04, 9:38 am


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