QUESTION

A rain gutter from the neighbor fell on my car on a windy day No one else had any problems with their gutters. Is the neighbor liable? Negligence?

Asked on Feb 24th, 2022 on Property Damage - Michigan
More details to this question:
On a windy day, a gutter fell off of the neighbors house and hit my car, doing $2000 worth of damage. No one else had any issues with their gutters around our surrounding houses. She said she would pay for the damage, then changed her mind. She kept saying it was an act of God, but her house is not well maintained. The gutter was not secured to the house. The house is empty and the owner lives across the street. A gutter fell off last year and another one is hanging off of the back part of the house, plus another one running down the side is loose, which was pointed out to her at the time of the incident. Still not fixed. We live in Michigan. Is she liable for the damage to my vehicle?
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1 ANSWER

Real Estate Attorney serving Bloomfield Hills, MI
Partner at Borman-Lahti PLLC
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if the other gutters are loose (take pictures!) you have a case for negligence, additionally, since part of her property came onto yours, a trespass claim would also be correct. 
Answered on Feb 24th, 2022 at 6:04 PM

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