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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118715
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Big Rig truck 1 year 270 deliveries to Rewood City HONDA 601

Customer Question

Big Rig truck 1 year 270 deliveries to Rewood City HONDA 601 El Camino Real. SAT 11-14-15 @ 0440 PST, doing everything THE SAME WAY, SAGGING/LEANING tree branch (4 year drought)(moderate rain/wind the day before) HIT UPPER RIGHT CORNER of TRAILER... PEELED OPEN LIKE SARDINE CAN... City Tree? City Property? Do they owe me REPAIR BILL DAMAGES for NEGLIGENT MAINTENANCE ???
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, cities and state in CA are immune from liability under state law unless you can prove gross negligence. To prove gross negligence, you have to prove they actually knew there was an actual defect in the tree and they failed to fix that defect. The fact there was a sagging branch does not necessarily mean they knew or would be liable. So in order to know if they would be liable, you would need an attorney to make a public records request of the city to ask for any reports on trees in that specific location and obtain the records to show if there had been any complaints filed to show they had actual notice of the damage to the trees or defects and if you get that proof you can sue them for the damages.