 PacratOld and CrankyPremium,MVM
join:2001-03-10
Cortland, OH
1 edit | reply to Mizzat
Re: If a large limb from a tree in your yard falls.... You have just admitted "prior knowledge of a potentially hazardous condition" so you may be on the hook for any damages subsequent to the branch finally coming down. Normally, each land owner is responsible for the damage done to his own property. But... having admitted to knowing there is a potential hazard, you could face liability if the branch causes damage when it falls. Without prior knowledge, each person is responsible for their own damages.
We had an issue just a year or two ago right down the street. A huge old oak tree (dead) was leaning precariously over the back fence and deck of one neighbor, and during a somewhat windy storm, it came down and destroyed a good portion of a six foot wooden fence and took out part of a deck. Unfortunately, the neighbor had talked to the owner of the land, on which the tree was rooted, months before (in front of witnesses) and pointed out that the tree was unstable. The tree-owner, at that time admitted that he was going to have to take care of the situation "one of these days". Without that admission of prior knowledge, each would have had to take care of their own damages, and since the tree was actually on an unimproved, wooded lot, the only real damages were to the fence and deck. If a tree comes down, and there was no prior knowledge of any particular problem with it (otherwise healthy), it's every man for himself. At least, that's how the insurance companies looked at it.
--
Sometimes I think it's a shame... When I get feelin' better when I'm feelin' no pain |
 NOCManMacChatterPremium
join:2004-09-30
Colorado Springs, CO | reply to Mizzat
These people have not figured out if a tree falls in the woods would it make a sound if nobody was around, and you're asking who's liable if it falls on a car..... the nerve! |
