Tree fell on my house yesterday
11 months ago
last modified: 11 months ago
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Council tree fell and damaged my property
Comments (2)By "council" I assume you mean this tree was on public property, and therefore you would like the local government to pay for the damage. Please correct me if I'm wrong. I am not an attorney and certainly not familiar with UK laws in this regard. In my amateur opinion, the city could only be negligent if there was evidence the tree was dangerous and they neglected to do anything about it. If you noticed it was rotten and about to fall and contacted them, and they did not follow through, you might have a case. However it appears from your photo - without the benefit of seeing the tree before - that the rot was inside the branch and not visible. In the US you would have a hard time holding someone responsible for negligence. As a result, one's homeowner's insurance would cover it as an 'act of God' or basically, an accident. Do you have homeowner's insurance? What was their assessment of the case?...See MoreBranch of a tree fell on my car !!
Comments (17)Asssuming for the moment that you were to take this case to small claims court, let us review the evidence. 1. In your complaint you stated that there was a dead limb clearly visible just below the limb that fell- yet you chose to ignore the potential danger and park there anyway so you have placed your car in a position of assumed risk. 2.By your testimony the limb that fell was a live limb, altough some prior damage was discovered after it fell- even assuming that the property owner had inspected the tree, what is the likelyhood of seeing that potential problem from the ground? Now you could argue that there is a dead limb present, but the dead limb was still there after the incident and has nothing to do with your case. You testified that it was a clear & sunny day with no wind so even if there is a dead limb, the likelyhood of it falling on that particular day was slim. By your testimony the total property damage to your car was in excess of $2500 and you filed a claim with your insurance company which covered all but your deductable. No doubt your insurance company settled on the grounds that the incident was an "Act of God". The acceptance of the $1500+ from your insurance company sets a legal precident that you also accepted it as an "Act of God". Given that you accepted monies from your insurance company as an Act of God, you cannot later claim that the incident was a result of negligence on the part of the property owner....See MoreRemember My Friend That Tree Limb Fell On?
Comments (18)Thanks for the update, CB - and what gratifying news you bring! Let's all say a few prayers for Georgy'sMom's brother ... ... what's his name? It seems more personally focussed when we know one's name: the minister usually asks for that, in church. ole joyful...See MoreRemember My Friend Curt That the Tree Limb Fell On
Comments (18)Now that my memory has been jogged...I remember Kenny! I'm so happy he's doing SO well! Sounds like he has a pretty good life going!*S* Anyone here that wants to send a card, please do. I'm sure it would thrill them. I thought I'd deleted that part, because I didn't want anyone to think I was posting the update to get them to send cards....See MoreRelated Professionals
Belmont Landscape Architects & Landscape Designers · Ferndale Landscape Architects & Landscape Designers · New Mexico Landscape Architects & Landscape Designers · Woburn Landscape Contractors · Galveston Landscape Contractors · Louisville Landscape Contractors · Ocoee Landscape Contractors · Pikesville Landscape Contractors · Secaucus Landscape Contractors · Fairfax Siding & Exteriors · Oak Creek Siding & Exteriors · Clayton Landscape Contractors · Gresham Landscape Contractors · North Canton Landscape Contractors · Tuscaloosa Landscape Contractors- 10 months agolast modified: 10 months agoerasmus_gw thanked sultry_jasmine_nights (Florida-9a-ish)
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