Tree related damage liability

[Jac L.]

Wondering who’s responsible for maintaining trees on parkstrips in front of rental property. Landlords or the city? And for ample who would be liable if a branch fell on a parked car?

[Steve B.]

Presumably the property in question is in San Jose, which property owners are responsible for maintaining the trees in the park strip (and even the sidewalk). The city will send you notices if branches are too low or other maintenance needs to be done. As far as liability is concerned, it depends on the situation. Were you aware of dead limbs and failed to maintain? Then it is possible you could be held liable (again, still depends on the circumstances). If the tree was otherwise healthy and you had no reason to believe it to be dangerous, then it is not likely you could be held liable. My experience has been that the owner of the car would have car insurance that would cover the damage. This is the case even if the car was parked on your property.