Legal Question in Insurance Law in North Carolina
Car damage on private property
My car was properly parked in the assigned lot at my place of employment. A tree limb fell onto my car and shattered the sunroof. There was no rain or storm that caused the branch to break. My employer says they are not liable for the damages. Is the right?
1 Answer from Attorneys
Re: Car damage on private property
Your employer is liable for your damages only if he was "negligent." In this context, this typically means that the property owner (or other person in control of the property) knew or should have known that the branch might fall. The landowner is often liable if, for example, he knew that the tree was dead. Absent such notice to the owner, however, he is not liable for the damage caused by the falling limb. As a practical matter, it can often be difficult to prove that the landowner knew or should have known that the limb was likely to fall. You may of course want to consult with an attorney and provide him or her with more facts.
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