QUESTION

What is the homeowner's liability for neglecting a dangerous rotting tree that damaged my property?

Asked on Mar 01st, 2014 on Litigation - California
More details to this question:
I informed a new neighbor of danger of a large tree falling due to fungus (rot) at the ground level as well as being overgrown and in need of a serious trimming. Neighbor had unlicensed contractor survey and then trim part of this tree (the part over their house) and was told by the contractor that the rest of the tree was fine. (I disagreed) After that the local electric utility came in and removed one of the major trunks as they said it was going to fall onto their lines. At the time of this removal I again spoke with the neighbor and requested that they do something about the rest of tree which could possibly fall onto my property. They refused, referencing the tree contractors advice. Three weeks later the tree did fall onto my property (Calm summer evening, dry conditions, fell due to rot at base) destroying a large building and contents. My insurance paid only about 50% of damages due to the building being an "Outbuilding" and the value was policy limited. The neighbors insurance has stated that they are not liable for the loss. My question is simple. Since the neighbor 1. Hired a unlicensed contractor and 2. Allowed the electric utility to remove a section of the tree due to the rot endangering their property, doesn't this show knowledge of the issue and therefore negligence on the part of the neighbor and should not they be responsible for the damages? Cleanup of the tree and building remains cost 50k alone. (Not covered by my insurance) The damages/contents shortage is in the area of 80k. Note: we both have the same carrier. Interesting case it seems. Thoughts?
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4 ANSWERS

Health Law/Long Term Care Facilities for the Elderly Attorney serving Los Angeles, CA at Murchison & Cumming, LLP
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You have a good claim against your neighbor. You can collect for all costs and expense of repair and clean up, even costs over what was paid by insurance. They had plenty of notice of the problems of rot in the tree, and danger to your property. They turned their back. Sounds deliberate. If so, and if you can Convince jury that this was malicious or despicable you might be able to recover punitive damages on top of it. Best advice, retain an attorney right away to file suit for you.
Answered on Mar 05th, 2014 at 11:59 PM

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Personal Injury Attorney serving Pasadena, CA at Law Offices of Pius Joseph
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You may have a claim against your good neighbor for property loss. It is generally covered by Homeowners insurance of your neighbor. Ask your neighbor that he needs to report it to his insurance so that your loss may be covered.
Answered on Mar 05th, 2014 at 9:43 AM

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Edwin K. Niles
If the neighbor's policy includes liability, they should pay up. But of course they will deny liability and force you to hire a lawyer and sue. You are NOT in good hands... If the damage is small enough consider suing in Small Claims Court.
Answered on Mar 05th, 2014 at 9:29 AM

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This is not personal injury. You were not injured. Nor is it criminal defense. Take them to small claims court, up to $7,500 for your uninsured property damage.
Answered on Mar 05th, 2014 at 9:27 AM

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