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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2195
Experience:  Experience in residential real estate and commercial leases.
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I rent a condo from my sister the owner. the H O A is

Customer Question

Hello, I rent a condo from my sister the owner. the H O A is responsible for common areas. in the common area there are large pine trees which overhang two patios mine and next door neighbor. I was very nearly hit by pinecone falling from trees I called property management to convey my concern to which rep replies" what do you want us to do? we cant stop the wind! 8 weeks later I was hit on the back by falling pinecone, two cuts and bruising resulted. do I have any legal standing in this matter? and who is liable H O A or property management, or both or neither. thank you. Mark
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 6 months ago.
Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.I am sorry for your injury. There is a potential claim for a personal injury suit in this case. The injured party would need to show that the injury resulted from a negligent act by the COA and/or property manager, such as the pine trees were planted by the COA and as a result was reasonably foreseeable that a person could be injured by falling debris in the future as the trees mature. This would also be true if the management could have reasonably foreseen that pine cones could fall and cause injury.The HOA and management company will defend that trees are natural and the pine cones are not within their control and acts of God can not be considered the responsibility of anyone and therefore are not liable.A claim for liability is possible, there is standing for that. There are potential elements of negligence. A ruling on the matter could go either way, there is never a slam dunk personal injury case. All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! Please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter. Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).

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