Ice Falling from Roof Smashed My Car

[rikki]

I am hoping someone can help me. A large chuck of ice fell from the roof of my building and into the driver side fender of my car. I have only liability on my car so my insurance won't pay for the damage.

The landlord just told me that they won't pay for the damage because they feel that I should have parked further back. I have a handicap that is an "unseen" handicap so people take it for granted that I am fakeing it. I have RSD in my left hand, arm and shoulder. RSD, for those who don't know, is nerve damage, simply stated.

I was parked in my designated parking spot. However, I could have backed up a little more if I had any inkling that an icicle the size of the one that formed was going to form. When I parked my car in my designated spot the icicle was there but it was not as massive and I figured I would move the car later. But, luck being what it was, I couldn't. For whatever reason, my car would not start and I could not move it.

True, I was having some mechanical problems with my car, true it is a 1993, but the car was clean. It is a luxury sedan and it has no rust and until this month I've not had a lick of problems with this car.

Is there a way that I can make the landlord pay the damages that the icicle did to my car when it fell and hit my car or am I up the river with no paddles?

Any help would be appreciated.

rikki

[Cranky Tenant]

This sounds like it's best suited for Small Claims Court.

I'm not a lawyer but my guess is, your landlord - just like any other property owner - has some responsibility for ice falling from his building.

On the other hand, if you parked your car fully aware of the ice, didn't inform the landlord of the potential danger and didn't manage to move your car, you probably have some degree of responsibility as well.

[rikki]

The landlord has two other tenants in the building who are "caretakers" of the property. They both knew of the ice condition, I know for a fact that they did as I saw them both look right at the ice and they looked at me and whistled because of it.

One of the tenants does the plowing of the driveway. However, even though I gave him my phone number he never made any kind of an attempt to call me or knock on my door (he has to go right up to or by my door to plow) to ask me to move my car so he could plow the snow behind my car. So I was unable to move my car back farther because of the snow buildup.

The only other place to park my car without blocking other tenants in or out would have been out on the street. Being handicapped I can not do that as I live in the back apartment and the door to my apartment sits a good 4 car lengths back from the street.

I've called legal aide and I'm hoping they can help me.

Oh well, I guess it's a wait and see thing.

[Anna]

This is not a landlord-tenant issue. It's a tort: property damage, negligence, personal injury, etc.
Ask Legal Aid for a referral.