Legal Question in Landlord & Tenant Law in New York
Who's at fault for damaged property?
While parked in the owner's driveway snow fell off the third floor patio awning and broke my car windshield and side mirror off. The landlord will not cover the cost because he says that he allowed me to park in the driveway for free. I have lived here for 4 years and was always allowed access to the driveway. I have been a month to month tenant as my lease expired 3 years ago.
1 Answer from Attorneys
Re: Who's at fault for damaged property?
It depends, if the snow was allowed to build up in an unreasonable fashion, or if the balcony was cleaned in a negligent manner, the person or group that had control and maintenance of the balcony may be responsible. However, you will need to prove that the balcony was the source of the harm and the snow condition that caused the damage was unreasonable. If it was just a snowy day and there was no opportunity to clean it up then no one can be held liable and it just an accident. Contact your auto insurance agent for guidance.
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