California: responsibility of city in maintenance

[Bill X]

My inlaws had their car parked in front of their house in the street. A branch from a tree owned by the city broke off and fell on the car doing some $2k worth of damage.

A couple particulars:

* Several branches from other trees in the neighborhood had broken off recently (all from the same types of trees planted at the same time).
* The city had done a lesser job of pruning the trees in general, and this tree in particular this year.

What is the liability of the city? The way I see it, if my tree falls on my neighbors car, I'm responsible. It really doesn't matter what intent I did or didn't have, or whether I was negligent in caring for the tree; it was my tree, and therefore is my responsiblity. I see my in-laws situation as the same. It was the City's tree, and therefore their fault, and their negligence in trimming is just icing on the cake.

It may not surprise you to hear that the city sees things differently. My in-laws filed a claim and after an investigation were told

In order for there to be liability on the part of a public entity, there must be a dangerous and defective condition of public property, known to the public entity and a failure by the public entity to take any action which could have prevented the accident. In the alternative there must have been a negligent act or omission committed by a City Employee. The branch failure was due to an internal defect in the tree that was not known by the City prior to the incident. This is considered an act of nature, and we cannot accept the liability for your loss.

What is the actual legal responsibility of a City (in California) when their property damages private property (when in a public place)? Is it as they say, that negligence must be proven? Or is it as I think, that damage done by them is their responsiblity?

In fact, am I mistaken in my assumption between private citizens?


Also, I've been told that one can't sue the city in small claims court. Is this true? I thought the only restriction for small claims cases was that the amount that could be sued for.

I appreciate any insights. Thank you.

 

[I AM ALWAYS LIABLE]

My response:

Governmental entities have certain "immunities" from liability, that you and I don't have, under the California Government Code. Suffice it to say, the City is correct.

Your In-Law's best bet is to make a claim via their Comprehensive Coverage in their auto policy.

IAAL

 

[racer72]

Just as I figured.