Legal Question in Landlord & Tenant Law in Virginia

I live in an apartment complex and during a recent storm, 2 branches fell onto my car causing major damages. I was parked in a designated space, although not an "assigned" space. The 2 branches fell at separate times during the storm, but both from the same tree. I know this was and Act of God but what is the responsibility of the apartment complex as far as keeping trees trimmed back from the parking lot area and removing diseased/dead trees? The tree is on the outside of the fenced in area but still on property owned by the complex. The tree branches were hanging over the fenced in area above the parking space. Also, how do they determine if the tree was "dead"? If it is considered dead, should they have to pay for the damages?


Asked on 8/05/10, 7:16 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Only if the fall of these trees or their branches which damaged your vehicle was foreseeable could any liability possibly attach to the owners of this apartment complex.

And, unfortunately, it would appear that under the facts described (in my opinion), this would not be an easy task for you to prove by the evidence required for the matter.

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Answered on 8/10/10, 8:45 pm


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