When is the City of Alexandria Liable? Part One
September 17th, 2009 Categories: Alexandria
An email thread on the Del Ray listserv this afternoon called into question just what the City of Alexandria is liable for in terms of “public property.”
The question was posed by a neighbor whose car was parked on the street under a tree in front of their house. Sidewalks and the strip of land between the sidewalk and the curb/street are city property, as are trees planted by the city.
A tree limb fell on the car, damaging the hood and bumper to the tune of about $1200. Neighbors, sitting on their porch, witnessed the incident and called the police to file a report.
The couple in question then called the Office of the City Attorney, Risk Management Division. The city is self-insured, so the claim was processed by a third party.
After sending photos, a police report, getting two estimates and providing other information (several times), the couple was notified that the city will not cover the damage because they (the city) were not notified about dead limbs – although none were readily visible.
Consider: does this mean that citizens have to monitor the health of city trees and contact the city aborist about potential problems? What if that happened to a car parked by a visitor along King Street?
Stay tuned tomorrow for how another neighbor fought the City – and won.
Michael
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