WSVN — One of the great things about living in a tropical area are the lush palm trees. Beautiful, unless your parking lot is filled with them and a frond crashes down on your car. Who is then responsible for the damage, you or the property owner? It’s why one South Florida man called Help Me Howard with Patrick Fraser.
Joseph Maldonado: “I fell in love with it, absolutely just fell in love with it.”
Guess what Joseph has always wanted since he was a little kid.
Joseph Maldonado: “I’ve always wanted a Cadillac. My father had Cadillacs for a very, very long time, and growing up with nine kids in the family, you always looked to that beautiful car my father had.”
Joseph liked the older Cadillacs and today drives a 2001 Caddy.
Joseph Maldonado: “It’s like the diamond of vehicles; just the name Cadillac, it just sticks out.”
Then one morning, he walked out of his apartment to get into his car.
Joseph Maldonado: “My heart jumped into my throat, I was in shock. My windshield was totaled, there was a dent on the hood, and I took pictures of it immediately.”
A palm frond had fallen from one of the trees at the apartment complex. The management office wrote a report to document it, and Joseph then had to call a tow truck.
Joseph Maldonado: “You couldn’t drive it with the driver side windshield where the branch hit. It demolished the driver side window. You would have to stick out your head to the cut to driver side door in order to drive.”
After it was fixed, Joseph brought the $1,200 repair bill back to the management office to get reimbursed.
Joseph Maldonado: “And they said they didn’t think that they were going to cover it because it was an act of God.”
Joseph said, “Don’t blame God, blame…”
Joseph Maldonado: “Poor maintenance to the trees.”
Joseph says the property office told him they regularly maintain the palm trees.
Joseph Maldonado: “That they prune trees. I’ve been here since August; I’ve never seen anyone pruning these trees. I haven’t seen anybody up in these trees cutting the branches down.”
After Joseph said that, they said, “No, we maintain the trees, this is an act of God, and we’re not paying your repair bill.”
Joseph Maldonado: “They are just trying to get out of paying for damages that were basically due to neglect on their part.”
Well, Howard, a tree branch falls on a car and the property owner says it’s an act of God, so does the owner of the property or the car have to pay for the repairs?
Howard Finkelstein: “No, this is not an act of God. That’s only when a hurricane or a tornado does the damage, and the property owner is responsible for the damage if they know there is a problem and don’t correct it and maintain the property. But the downside for the car owner is proving that they did not properly maintain the trees, and you would have to hire an arborist to do that.”
We spoke to the property manager of the complex. She said they have a maintenance crew on the property once a week, that they also trimmed the palm trees the a few days before the palm frond fell on Joseph’s car.
She also said that they also did not feel they were responsible for the damage to his car because he signed a lease that reads, “You agree that we are not liable for any injuries to persons or loss for damage to vehicles or personal property arising out of or connected with the use of the parking facilities.”
So Howard, did Joseph sign his rights away?
Howard Finkelstein: “In my opinion, no. The law does not like these clauses because it’s not fair to a person signing a contract who does not have a law degree. To be legal, the contract has to be abundantly clear and detailed as to exactly what you are giving up. The clause in this contract falls short of that.”
Joseph had to pay to repair his car, but his lease is expiring and he’s leaving, with a warning for his neighbors who still live at the complex.
Joseph Maldonado: “If you’re walking your dog or you’re walking near your car and one of these branches falls out and hit you, you might as well kiss it goodbye. You are going to be dead.”
Patrick Fraser: “Now, if you are assigned a parking space under a tree and you think it’s a problem, send the landlord a certified letter letting them know you think the tree is a danger. If they won’t move your parking space, at least you have put them on notice, and if the tree damages your car, it helps you force them to pay for the damage. Trees are great, till they fall on your car.”
Just a shade short of solving your problem? Ready to branch out for help? Contact us. We may not have a solution in the palm of our hand, but we have a trunk full of ideas. With this Help Me Howard, I’m Patrick Fraser, 7News.
CONTACT HELP ME HOWARD:
E-mail: helpmeHoward@wsvn.com (please include your contact phone number when e-mailing)
Reporter: Patrick Fraser at pfraser@wsvn.com
Miami-Dade: 305-953-WSVN
Broward: 954-761-WSVN