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tree falls on parked car (Insurance Law)

Thu, 04 Dec 2003 00:32:00 GMT

What is the name of your state? florida, miami
my car was parked in a mall parking lot under a tree, a branch from the tree broke and landed on my car. the branch removed about an inch of glass and the window is cracked through out, there was also scratches on the body of the car. is the property owner liable for this damage?
also, i tried looking this up myself, so if you could tell me how you got to your anwer, id be doubly oblidged.
thank you, kindly.

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  • Thu, 04 Dec 2003 00:40:00 GMT(1)
  • My response:
    We have answered this question numerous times before. Please use the "search" button at the top of this page.
    IAAL
  • Thu, 04 Dec 2003 01:09:00 GMT(2)
  • i realized and viewed the previous posts. however i was hoping to discuss it, which i why i posted anew. act of god seems to be defined as "an extraordinary interruption by a natural cause (as a flood or earthquake) of the usual course of events that experience, prescience, or care cannot reasonably foresee or prevent ". there was no lightning involved, and no above average windspeeds. limbs breaking off due to overgrowing or rotting, seems to be a reasonable foreseeable event. which is why many properties employ tree trimming services as part of there regualr maintainence. i am an employ in this mall, and my storefront is facing where i park/parked, and no of no other instance in which this has occurred in my years there, so the assumed risk is more than minut. so?
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