Left Field said:
I live in San Jose, CA. We have a tree that is in between our side walk and the street. It overhangs the street. Today, a large branch fell on a passing car. The tree is usually trimmed by the power company because power lines run through it. Am I liable for the damages done to the passing car?
My response:
San Jose City Ordinance make you liable in tandem with the City for property (e.g., a tree) that is under your care, custody and control. However, a property owner is not an "insurer" of someone else's safety. Therefore, unless you and/or the City had "prior notice" of a dangerous condition, or that you should and could have known, that the limb was in a dangerous condition, you would not be held liable.
The use of the public street by the driver is the "tradeoff" benefit for things that happen in the "natural" course of a tree's life. Therefore, when a claim is finally made to your homeowner's insurance company by the driver (and the same goes for the City), the lawsuit will be defended by your insurance company attorneys and will eventually be "defensed." When incident's occur through natural events, people normally rely on their own insurance for compensation of their damages. This will be the driver's eventual recourse, because once "notice" cannot be proved by the driver, the lawsuit will be over.
IAAL
