QUESTION
Can I sue a tree service company for a tree landing on my house?
Asked on Aug 06th, 2012 on Personal Injury - California
More details to this question:
Through negligence, a tree service company I hired to remove a tree instead dropped it on my house.
Their liability insurance carrier refuses to pay enough to fix my home. What do I do?
6 ANSWERS
Insurance Defense Attorney serving San Bernardino, CA
at
Ricks & Wear, PLC
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Present a claim to their bond company (assuming they had one) then if the bond is insufficient to pay for repairs, or if the bond company refuses even to investigate your claim, then file a lawsuit.
Answered on Aug 23rd, 2012 at 12:47 PM
Legal Ethics and Professional Responsibility Attorney serving Las Vegas, NV
Partner at
Selik Law Offices
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Yes you can sue them. You can show its their fault in Small Claims for damages up to $10,000.00.
Answered on Aug 23rd, 2012 at 12:47 PM
If the tree service company was negligent in causing the tree to hit your house, then you can sue them. The easiest and cheapest way to bring a lawsuit would be to sue in Small Claims Court but in California your maximum recovery in Small Claims Court is limited to $7,500. If you want to recover more than that, you would have to file a lawsuit in the regular Court, not in Small Claims Court.
Answered on Aug 23rd, 2012 at 12:47 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Yes, I am hard pressed to believe that a tree service could have attempted to cut down a tree and in the process drop it on your house without that being negligent. I am not sure what argument the tree service's carrier could be making regarding the damages, but clearly you would have a suit against the tree service and believe the carrier would be responsible for all "reasonable" costs associated with repairing your house back to the condition it was pre-incident.
Answered on Aug 23rd, 2012 at 12:47 PM
Personal Injury Attorney serving Indian Wells, CA
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Barry Regar A Professional Law Corporation
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Yes. You have a negligence action against the tree service. You can sue for any property damage and emotional distress if you were in your house and were frightened by the noise or what you saw as a danger to you or a family member.
Answered on Aug 23rd, 2012 at 12:46 PM
Yes, you would have to bring an action against your neighbor and your neighbor would then be defended by the insurance company.
Answered on Aug 23rd, 2012 at 12:46 PM