First. Apologize. Then call your insurance company. I would not recommend that you do the repair yourself (unless that is your line of work).
NEVER FORGET!!!
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19 years ago
Your Tree Falls on a Neighbor's Shed
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19 years ago
Wrong questions get wrong answers. It isn't your tree that fell. It was your tree to the adjacent property line, then it became your neighbor's tree. So as other posters have indicated, you have zero liability unless the tree were to be in readily apparent diseased or dead condition. If all the limbs were bearing foilage, no apparent splits in the trunk, no routine dropping of limbs, etc., the answers to questions #1 is "no", #2 is "no", #3 is "no"
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19 years ago
Tree's falling law varies by state. In rural states it is likely that there is no liability under common law and therefore no standard liability coverage built into homeowner's policy.
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19 years ago
Depends on your state. In a rural state probably no liability but in an urban state there would be.
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19 years ago
Yes, in general that's correct. Unless as Matty pointed out, you have some negligence involved, it should not be your problem. In addition to causing it to fall, negligence would be if the tree was obviously rotted, you knew about it and did nothing, etc. If it simply fell over in a storm, then it's an act of nature, and you are not responsible. I'd contact your insurance company and have them handle it.
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19 years ago
If your tree falls on the neighbors shed, and no one hears, did it make any noise?
If your tree falls on the neighbors shed, and no one sees, is there any liability?
P.s. Go talk to your neighbor, and ask what he wants the two of you to do about it. We can't answer your question until you talk to your neighbor.
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19 years ago
And then after sawing up your neighbor's shed, then you ask him? And then you can do the job all over again.
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19 years ago
I read this after I typed mine. Honest!
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19 years ago
This happened to me when I lived in Virginia...but a pine toppled over and creamed my crappy old shed. My neighbor was outside looking at it before I was and immediately apologized for it. He asked me what I wanted to do....I more or less told him that the shed was a POS and if he'd help me move the contents of the shed to the garage I'd be happy. We then cut up the tree and hauled it off. The next day we had a cookout with plenty of beer. When I decided to put a nicer framed shed in he was there helping; I returned the favor when he put one it.
What comes around goes around. If ya'll get along ok (and it's nice to get along with your neighbors) then talk to him. He might be willing to let you fix the damage. Ask him if he'd like to help or supervisor. You buy the beer. It's amazing what a six pack will do.
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19 years ago
What caused the tree to fall?
Have a nice week...
Trent©
What do you call a smart blonde? A golden retriever.
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19 years ago
Exactly.
Unless there is gross negligence on the part of the tree owner, he would not be liable for any damages to the shed.
Have a nice week...
Trent©
What do you call a smart blonde? A golden retriever.
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19 years ago
I agree.
A real-life case...
Dump truck is driving down the road...pulling a trailer. Tire comes off the trailer...goes into on-coming lane...severly damages on-coming car. You would think dump truck is responsible.
No so. Episode was deemed an act of God. Insurance company would not pay...and damaged car could not/did not collect.
More than likely...unless there was gross negligence on the part of the tree owner...the shed neighbor would be responsible for any damages.
Have a nice week...
Trent©
What do you call a smart blonde? A golden retriever.
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19 years ago
That's incorrect also.
Its still his tree. The neighbor has no right to the wood. The tree owner can claim...and harvest...the wood if he so desires.
Have a nice week...
Trent©
What do you call a smart blonde? A golden retriever.
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19 years ago
Common Law????????
When did any state abandon statutes for common law?
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19 years ago
Which are the 'urban' states and which are the 'rural' states??
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19 years ago
I'd like to know what a 'rural' state is? lol
Have a nice week...
Trent©
What do you call a smart blonde? A golden retriever.
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19 years ago
I posted before I read this...but I had the same question. lol
And what if a Sequoia falls into another STATE?! LOL
Have a nice week...
Trent©
What do you call a smart blonde? A golden retriever.
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19 years ago
If you think every ruling a judge makes is codified in a statute you don't know much about the legal system.
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19 years ago
You can bet that a farm state treats many falling tree, flowing water, and farm animal cases differently than a rustbelt state.
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19 years ago
You don't have to prove gross negligence for liability. Negligence would be enuf. Gross negligence might get you extra punitive damages. In your dump truck case, plaintiff was unable to prove anyone was negligent so no liability. Either he didn't find the guilt party or indeed it was an act of God and God doesn't pay damages.