Tree branch damage to car

[I am upset]

A branch from a dying tree damaged my car. The tree is on my landlords property in the parking area. Is the landlord responsible. The tenants have asked her to remove the tree and she will not.
Thank you

 

[d1amund]

Contact your insurance

 

[adjusterjack]

Is the landlord responsible.

Possibly.

Under negligence law if a person has been notified of a hazard that could potentially cause damage and fails to remove the hazard that person is responsible for any damage caused by the hazard.

To successfully claim against the landlord you will have to prove (not just say) that the landlord had notice of the hazard (either actual or constructive), that the landlord failed to remedy the hazard, that potential damage to others was foreseeable, and that the hazard was the proximate cause of the damage to your car.

You can either make the claim on your own insurance and let your insurance company determine whether it goes after the landlord for reimbursement or you can present your repair bill (or estimate) to the landlord and demand payment, then sue him if he doesn't pay.