a neighbor has a tree that is growing on his property over a right of way for 4 residents. I brought a large moving truck home the other day and while attempting to enter the drive, a branch from that tree caused damage to the rental truck on the top edge and the roof. Is the tree owner liable for damages?
Answer
Afraid not. Whether or not the branch was legally in the right of way or not, you ran into it. If someone abandons a car in the middle of the road where it can clearly be seen and you run into it, they are not liable. No difference.
Answer
No, you are, for negligence.
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