Your Tree Falls on a Neighbor's Shed

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I would think if it is your tree it is your responsibility. My neighbor just cut down a beautiful pecan tree and when I asked him why he said if it fell on my house he would be held responsible to fix any damage. He is an insurance adjuster, lol, so I guess he would know.

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What a stupid reason to cut down a tree!

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Based on his remarks, I would never allow him to act on my behalf in a case that required an insurance adjuster - perhaps he may not understand how the product he works with operate (;->
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Trees fall it is not your responsibility, if it was dead that is another issue, no judge would find you responsible for a live tree. The insurance guy that cut the pecan tree would not be liable if it fell and was healthy. If its a friend talk to them , do what you feel best, not a friend dont bother , they have insurance. Your co wont pay for their shed. it is their problem. Dont claim if you dont need to , people get canceled.
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Depends on your state. In a rural state probably no liability but in an urban state there would be.

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On Thu, 08 Jul 2004 00:05:41 GMT, "Art"

Which are the 'urban' states and which are the 'rural' states??
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On Thu, 08 Jul 2004 02:10:50 GMT, snipped-for-privacy@invalid.com wrote:

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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snipped-for-privacy@invalid.com wrote:

These here (points at map) and those there (points at different spots).
I think the main difference is the number of tort lawyers per capita.
Also, how do we know the alleged "victim" didn't PULL the tree down?
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wrote:

He'd need a pull permit!
And...when you say 'pull', why do they shoot that damn clay pigeon AWAY from you?! lol
Have a nice week...
Trent
What do you call a smart blonde? A golden retriever.
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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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There are so many variables .............
Were there any witnesses?
If there were no witnesses, and no one heard or saw the tree fall, how could one prove that the incident occurred?
Does a tree make any noise when it falls on a shed and no one is listening?
Was there any provocation from the shed?
Were there any mitigating circumstances such as Dutch Elm Disease or the like?
Did the shed take any evasive action?
Could the collapse of the tree be attributed to social conditions, environmental contamination, or the lack of nurturing the tree received at the nursery?
There are so many issues that would have to be addressed before one even got to the issue of liability.
HTH
Steve
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Best post I've read in a while! Thanks.
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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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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.


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This may be true where you live, but if a truck tire comes off around here, the truck owner is liable, period. Ditto if a tree falls on another property - the owner has to make reparations.
Usenet covers a lot of the world - US laws aren't universal and shouldn't be stated as definitive.
Mike
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wrote:

Nice example of do what I say, not what I do. Tells us usenet covers a lot of the world, then doesn't tell us where his example is located.
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On 8-Jul-2004, snipped-for-privacy@optonline.net (Chet Hayes) wrote:

Does it matter? My point is just because such-and-such law says "this" in your area, doesn't mean it applies to the OP. The OP has to find out what applies in his area. Stating that "this" is the definitive answer is nonsense. Stating what the law is in any area other than the OP's is a waste of electrons.
Mike
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On Thu, 08 Jul 2004 02:39:30 GMT, "Art"

Sorry...not true.
We'd need to talk in specifics, of course. But, for example...
If the claim goes to court and if the claimant brings up the fact that the defendant didn't have the tree inspected every year by a qualified tree expert, that may indeed make the defendant negligent in failing to determine annually the health of the tree.
However, since that kind of inspection isn't normally done by the general public, that omission wouldn't be an act of GROSS negligence.
One can think of many other such examples.
Have a nice week...
Trent©
What do you call a smart blonde? A golden retriever.
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Since most people don't get yearly inspections of their trees, failure to do so would hardly be negligent unless you had reason to know there was a problem with the tree.
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Amen.
I had a 40 year old hickory that started dying. My neighbor told me he had been worried after I had it cut down. The tree would have done a bunch of damage to his house (and cars) if it had fallen in the direction it was leaning.
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would
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