Asked about 3 years ago - New York
FlagMy car is in a lot with an assigned space, the tree fell on the car during a snow storm. there is damage to roof and sunroof and scratches on car the car is a 2006.
Who keeps the keys when the car is in the lot? If you do no bailment is created and the lot's LL will not be responsible for damage to the car while on the lot. If the LL of the lot keeps the keys to the car while it is not in use, that is a different story however the LL may still have defenses such as act of god and lack of notice.
Assuming you can show a bailment was created or have a lease that potentially imposes liability on the LL for lot upkeep, the LL may still have defenses. For example, if the weight of the snow caused the limb to break during a storm, no liability will be visited upon the lot owner. If the however the LL allowed the weight of the snow to accumulate and did nothing about it and knew or should have known that it was a danger to his lessees' property, then there may be negligence. However, if you parked under a tree limb the was an open and obvious danger, then you may be negligent as well.
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