Legal Question in Landlord & Tenant Law in Nebraska

dead tree limb falls on pakred car

I have no car insurance or renter's insurance, but my truck was parked at my mother's apartment complex and a big tree limb fell on my truck. Smashing the roof and both side windows were broke. Who is responsible? We had a storm the previous week and the first part of the tree fell. Inside the tree totally hollow. Next storm one week later the other part fell on my truck. There is still one other side ready to fall on the apartment building.

Whose responsible? The landlord

knew that this tree was going to

fall. Word from some of his workers that the tree service was super busy. Is this a reason to put ones life and property in danger?

Asked on 7/03/08, 10:25 am

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: dead tree limb falls on pakred car

You made the decision not to carry insurance, which means that you have assumed the risk for any damages to your vehicle. The landlord may or may not be negligent. It appears that he recently became aware of the problem and was taking steps to correct the problem. A jury would have to decide whether his efforts were reasonable or negligent. You, on the other hand, knew the tree was hollow and that a portion had fallen off the week before. Despite knowing this, you decided to park your uninsured vehicle beneath it. It is very likely a jury would find that your negligence represents all or most of the damage to your vehicle; even if the landlord was partly negligent. I believe you would lose the case. I doubt any attorney would take the case in the first place without a very large retainer paid in advance. Buy insurance so that next time you can just file a claim; instead of trying to find someone you can try to sue.

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Answered on 7/03/08, 4:39 pm

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