Tuesday, May 31, 2011

A black walnut fell on my windshield, cracked it, and it needs to be replaced. Should my landlord pay?

The only place I can park is under the black walnut tree, but I don't want to replace my windshield and have it happen again! My car insurance deductible is $500, so it will be an out-of-pocket expense for me. Should my landlord pay to have my windshield replaced? Is it unreasonable to ask him to trim the tree back or completely cut it down. He is very slow to do things and he doesn't want to spend any money! A black walnut fell on my windshield, cracked it, and it needs to be replaced. Should my landlord pay?
any damage like that is classified as an act of nature, no on is liable.

but you do need the glass replaced. some insurance companies will replace that as part of their plan. A black walnut fell on my windshield, cracked it, and it needs to be replaced. Should my landlord pay?
no landlords want to spend any money, and it is deffinately not unreasonable to ask him that, you just need to go talk to him and try to work out the problem with him the best you can. He might not want to pay for your windshield though, but I think he might have to, you'll have to talk to somebody above him, but I'm not all that sure about all that though.
Sadly, he is not responsible for the cracked windshield. Like a car that has it's new paint job ruined by a water sprinkler, the damage is considered as a part of your liability for ownership of the car. He could not foresee the damage more than yourself. That's how the courts see it.
Are you sure a walnut cracked the screen? Must have had a flaw in it in the first place. But back to your question, no . your landlord is not responsible for a nut parking his car under a tree that can drop a nut as to break the glass. If a nut falls fast enough to break a windshield then surely if it hit the roof it would result in a dent. Find somewhere else to park your car or drape something over it to protect it.
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