QUESTION
Fallen tree damaged neighbor siding in last winter storm, do we have liability?
Asked on Jun 24th, 2013 on Personal Injury - Utah
More details to this question:
I bought a vacant site last June, last Nov, a neighbor reported that a tree damaged his siding, he wanted to know if it's ours. That tree is quite far from our street (uphill), and very close to the downhill apartments (5 feet) . So we had a meeting with downhill apartment owner on site in last Dec, pulled survey map, finally identified the tree belonged to us. The tree was green, but it had ivy. So the neighbor kept asking us to pay his 10 times inflated estimate. His reason is that this is due to our negligence, since it has ivy on it.
10 ANSWERS
Personal Injury Attorney serving Great Neck, NY
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Goldman & Maurer, LLP
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First, did you maintain and property damage coverage for this property? If so, then refer it to your carrier. If you did not, then you first need to establish that the tree fell as a result of your negligence and not because of a storm which is considered an act of god. I'm not a tree expert and, as such, don't know whether ivy on a tree indicates that the tree is not healthy. If it does, and you were aware of it, then you may be responsible. If it does not indicate that the tree is unhealthy, then you really have no liability/responsibility.
Answered on Jun 25th, 2013 at 9:45 PM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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Trees standing on a boundary line between adjoining owners are the common property of both owners who are tenants in common as to the trees.
Answered on Jun 25th, 2013 at 5:10 PM
General Practice Attorney serving Portland, OR
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Furniss, Shearer & Leineweber
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Only if he can show you were negligent in allowing a dangerous condition to exist. This is probably covered by your homeowners insurance. I would let them handle it.
Answered on Jun 25th, 2013 at 12:05 PM
Thomas Edward Gates
Sorry for your neighbor, but you do not have liability. His homeowner's insurance will pay for the damage.
Answered on Jun 25th, 2013 at 11:48 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Tell him to sue you. Your insurance should cover it. Even then, it won't be him that sues you but his insurance company and they will probably be much more reasonable. Negligence by itself does not raise the amount of damages.
Answered on Jun 25th, 2013 at 9:52 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It's a stretch at best: first, he has to prove that it is negligent to have a tree with ivy on it, that you knew or should have known this was a dangerous condition. Then, he has to prove that his damages were caused by your negligence and not by the unusual conditions of the storm. Finally, he has to prove the extent of the damages. He might be able too prove all of that, but maybe not. If you have insurance for this property, get them in on it right away. If not, it would be cost-effective for you to hire a lawyer to negotiate or defend.
Answered on Jun 25th, 2013 at 9:45 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your tree. You had knowledge/ it ought to be your bill. What is wrong with being responsible for yours?
Answered on Jun 25th, 2013 at 9:45 AM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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Normally his home owners should pay for his damage; Insurance normally does not cover landscaping, unless for example it falls on your car; Then the auto policy will cover the auto,but not cover loss of the tree; I would tell him to file a claim on his homeowners insurance.
Answered on Jun 24th, 2013 at 11:00 PM
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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Since the tree was on your property, you are liable. Advise your property insurance company and let them handle it. If you don't have insurance, request your neighbor to allow your own contractor to estimate the damage.
Answered on Jun 24th, 2013 at 10:03 PM
Lisa Hurtado McDonnell
Tell him to file a claim with your homeowners insurance. The insurance company will send out a claim adjuster. And they will determine the value of of his siding
Answered on Jun 24th, 2013 at 8:41 PM