Legal Question in Personal Injury in Virginia
I am a renter at a duplex. There is a very large tree that divides the driveways between the units so essentially the cars are parked under this tree. It is very very tall and dying. It routinly drops very large branches onto the roof of the unit and into the street and luckily not on our cars yet. Before we moved in the landlord mentioned the tree and said someday he would get around to getting it taken down. I am wondering if a branch falls and damages my vehicle could I sue my landlord for negligence because he is aware that the tree is dropping limbs and it is dying and not doing anything to fix it. I don't have a comprehensive plan on my car and i'm pretty sure insurance wouldn't cover it anyway under "act of god".
1 Answer from Attorneys
Yes, if your vehicle is damaged by branches falling from this moribund tree, under the facts described the landlord could be liable, but if you were to sue
him, I would not count on your lease being renewed (if I were you).
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