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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31789
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Who is responsible branch damages to a car in a

Customer Question

who is responsible for falling branch damages to a car in a shopping parking lot when there are no responsibility signs posted
Submitted: 2 years ago.
Category: Legal
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'll be glad to assist. Generally, if the falling branch was an "Act of God", meaning that it was not predictable or foreseeable, then the landowner is not responsible and the property owner would have to pay for his/her own damage. However, if the tree or branch is damaged, dead, leaning to the point that a reasonable person would cut it, etc., then the landowner can be responsible. The reason that the law is this way is because a landowner is not an insurer of you or your property while on their land....so there's no liability unless there's proof that the landowner knew or should have known of the dangerous condition.