Storm Liability: When Are You Responsible?

Questioner

Yesterday in the storm a piece of wood broke off my house and fell on a car. And caused damage. Now there is some overdue maintenance. But it still had to be wind force ten before it came loose. What about my liability?

Lawyer

In principle, you are not liable for the damage. This is different if you can be blamed. You indicate that there is a backlog of maintenance. In that case, it cannot be ruled out that you are liable. You can report this to your liability insurance.

Questioner

And then this can be paid by my liability insurance?

Lawyer

I would report it there anyway. There could be many reasons why they don't pay so I can't say in advance whether they will pay.

Lawyer

If you know that there is a backlog of maintenance, you will probably be held liable for it by the insurer. After all, this is determined in many policy conditions when covering the damage. As the owner of a property, you must report the damage resulting from a backlog of maintenance to the insurer or repair it in advance. For more information or assistance, you can contact me directly if desired.