QUESTION
Is the property owner liable for damage to my car that occurs at their property?
Asked on Aug 17th, 2012 on Personal Injury - Florida
More details to this question:
A window in my car was shattered while visiting a resident of a complex. I believe it was one of the lawn mower subcontractor's crew that was working there at the time. Other than the obvious imprint of the stone in the window I have no proof.
16 ANSWERS
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No.
Answered on May 24th, 2013 at 2:39 AM
Ronald A. Steinberg
No, unless they caused it.
Answered on Aug 26th, 2012 at 8:10 PM
Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD
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The Law Offices of Paul A. Samakow, P.C.
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The property owner is not responsible. Why would they be? They did nothing wrong.
Answered on Aug 20th, 2012 at 2:44 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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The landlord is not responsible.
Answered on Aug 20th, 2012 at 2:43 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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Without proof of exactly what (and who) caused the damage to your car, it is impossible to force the property owner to pay for your damages.
Imagine a guest parked in your driveway at home has his car vandalized while visiting you...if he blames you for the damage to his car just because it happened on your property without proof that you are responsible, would that be fair?
Answered on Aug 20th, 2012 at 2:43 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Yes but you have to prove that they did the damage.
Answered on Aug 20th, 2012 at 2:43 PM
Liability is not automatic. I suggest you contact the property owner about their insurance and make a claim giving full details.
Answered on Aug 20th, 2012 at 2:42 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The property owner is liable only if you can prove the owner or one of his employees caused the damage. He would not be liable, for example, if a tenant did the damage.
Answered on Aug 20th, 2012 at 2:42 PM
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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I don't mind participating in this service, but I would like to know more about it before I keep answering questions.
In particular, I would like to see how you are presenting my answers on line.
Additionally, I focus on medical malpractice. If you could limit the questions to that subgroup, it would be better for me. Perhaps have someone contact me.
Answered on Aug 20th, 2012 at 2:41 PM
Dennis P. Mikko
Michigan is a no-fault state so damages to your car are paid for by your insurance company. You should make a claim with your insurance company and advise them of all the facts. Since you were legally parked, your insurance company may be able to make a claim against the property owner or the mowing service.
Answered on Aug 20th, 2012 at 2:41 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Yes, they may be liable for your damages. However, proof of who was responsible for the damages is necessary. Additionally, there are certain issues for which may exclude liability such as an "Act of God."
You may wish to call the complex to find out who does their lawn care and give them a call to see if they will work with you to resolve the issue.
Answered on Aug 20th, 2012 at 2:41 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No. you have what is called a comprehensive claim with your own carrier (if you have bought such coverage).
Answered on Aug 20th, 2012 at 2:41 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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Unless the property owner, or one of its employees, shattered your window the property owner is probably not liable. The lawn mower crew would be if you can prove something they did shattered your window.
If you only evidence is a "imprint of the stone" on your window, it is unlikely you would prevail against anyone for your damage. Either you would need a witness who saw what happened or some physical evidence showing who was at fault.
Answered on Aug 20th, 2012 at 2:40 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Your auto insurance should cover that as long as you have comprehensive and collision. If not, it becomes more problematic because you really don't know how the window was broken and therefore who to potentially make a claim against.
Would contact the complex and maybe they will agree to repair it because it may have been the gardener.
Answered on Aug 20th, 2012 at 2:40 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The landowner is only responsible if they are negligent.
Answered on Aug 20th, 2012 at 2:40 PM
Generally speaking, property owners are responsible for injury or damage that occurs on their property by way of their negligence. But of course, you have to show that the property owner was somehow negligent.
Unless there are witnesses, what you believe happened wont really carry any weight. Speculation is not evidence. The facts you provided don't establish liability. You can make an effort and allegations, but at the end of the day you need to prove these claims.
Answered on Aug 20th, 2012 at 2:40 PM