Can I charge my landlord for tire damage caused by maintenance debris?

Full question:

I rent an apt in CA. (An unincorporated city). I park my motorcycle in my garage, and my van in my assigned parking space. My son, who is also on the lease, parks his truck in guest parking, as per the lease. I got a screw in the tire of my van, another in my motorcycle, and another in my sons truck, as well as at least one neighbors car. The apartment maintenance guys work out of two garages in the parking area near us. They admitted to sweeping out the maintenance vehicles beds onto the parking lot. I did a magnetic sweep to pick up the steel trash and found at least two dozen screws, nails, staples. I still have the bag full of metallic trash. Can we charge the tire repair, replacement to the property owners? One tire (van) was repaired free, (plugged) as part of the purchase agreement, the motorcycle was temp. plugged by me, then replaced, the truck tire was temp. plugged by my son and will be replaced when he can afford it. The neighbors status is unknown. Value of the van tire is approx $200, Truck tire is $214.31, motorcycle tire was 162.91, for a total of $363.00. What about the van tire? It was plugged for free, but it is still damaged, and should be replaced. This occurred earlier in the year, the other damages occurred within the last few weeks.

• Category: Negligence
• Date: 04/07/2025
• State: California

Answer:

In negligence cases, a person may be liable for damages if they fail to uphold a duty of care, leading to foreseeable harm. To succeed in a claim, you must show that the property owner owed you a duty of care, that they breached this duty, and that this breach caused your tire damage.

In your situation, the maintenance workers admitted to improperly disposing of debris, which may indicate negligence. However, proving causation is crucial. You need to demonstrate that the screws and nails found in the parking area directly caused the damage to your tires and that no other factors contributed to the damage.

Additionally, the court will consider various factors, such as whether other contractors used the area and if you can provide evidence linking the debris to the maintenance workers. You should also check if you notified the landlord about the litter, as this could affect liability.

For the van tire that was repaired for free, you might still argue for its replacement if it remains damaged. The total costs for the damaged tires are approximately $363.00, which you could seek reimbursement for, depending on the outcome of your claim.

For specific advice and to evaluate your case further, consider consulting a local attorney who can review all relevant facts and documents.