QUESTION
Who is responsible if my neighbor’s tree has grown over the driveway and now interferes with power lines to our house?
Asked on Nov 24th, 2016 on Personal Injury - California
More details to this question:
In a recent windstorm, the shaking tree shorted out the circuit resulting in about $8,000 of damaged electrical items. The neighbor says it is the power company's problem; sue them. I say it is his tree, file a claim on his homeowner’s insurance policy. If the power company is at fault, the insurance company can deal with it. Who is right?
1 ANSWER
Since it is his tree and it is foreseeable that in high wind it will move its branches and interfere with the power lines, your neighbor is liable. ?His insurance carrier might be able to argue the power company has some fault for not maintaining the upper part of the tree, but that is an argument of contribution the insurance company needs to make, not you.
Answered on Jan 14th, 2017 at 5:26 AM