Liability for a Neglected Tree

**Aldebaran** · 10-26-2009, 01:21 PM

My next door neighbor has a tree on their side of the property line that has rotted and has fallen against their fence. It is very close to my property as the homes are very close together. The tree, even though it is on their property, is only a few feet away from my garage.

Today, they had a tree removal company come out to see what needs to be done, and they advised my neighbor that they would need to put a ladder on the roof of my garage and climb it to reach some of the branches on the tree they want to cut down. So now I'm a little concerned about whether they could fall and get hurt, or possibly do damage to my garage--either on the roof from what they'd be doing up there, or from the tree falling. The space for it to safely fall in is VERY tight. No room for them to work using a bucket truck or anything like that.

The question on my mind is who is liable for any damage done to my property by these guys if I give them my permission to be on my roof? They would be working for my neighbors. But if they have my permission to be on my garage, does that make me liable for any damages? How about if they get injured while on my property? Who is liable for that?

Here's a pic of the tree and my garage: http://i616.photobucket.com/albums/t.../SDC108001.jpg

Thanks in advance for your help!

**LawResearcherMissy** · 10-27-2009, 05:06 AM

The question on my mind is who is liable for any damage done to my property by these guys if I give them my permission to be on my roof?

The workers. You and your neighbor should sit down together and discuss the company, and ensure that the company is licensed, bonded and insured.

They would be working for my neighbors. But if they have my permission to be on my garage, does that make me liable for any damages?

No.

How about if they get injured while on my property? Who is liable for that?

The workers. Or rather, their insurance company.

**KeyWestDan** · 10-27-2009, 04:27 PM

In theory you can't be sued. Well, in a perfect world maybe.

In reality you can be. What if someone falls because there is a loose shingle or something else happens where they claim that your defective building caused.

You need to have the owner of the business sign a release that says you and your property are released from any and all liability.

**Aldebaran** · 10-28-2009, 11:24 AM

Quoting LawResearcherMissy

The workers. You and your neighbor should sit down together and discuss the company, and ensure that the company is licensed, bonded and insured.

No.

The workers. Or rather, their insurance company.

Thank you for the reply!
Are you sure that the worker's insurance company would be responsible if they got injured? Someone just told me a little while ago elsewhere that their insurance would be liable if they caused damage, but if they were to fall off my roof or something like that, then it would be my homeowners insurance that would be held liable.

**LawResearcherMissy** · 10-28-2009, 11:57 AM

That is what the business' insurance is for. Which is not to say that there are no shady business owners who won't try to take advantage of you if one of their workers is injured on your roof, but this sort of situation is meant to be covered by their insurance.

(Which is why one always wants licensed, bonded, and insured workers!)

You'll likely have to grant permission in writing for them to be on the property. Insist on a waiver releasing you from all liability if one of the workers is injured on your property. If the business refuses, do not grant permission. A business operating on the level will probably offer you the waiver without you even needing to ask.

**Aldebaran** · 10-28-2009, 12:02 PM

Quoting LawResearcherMissy

That is what the business' insurance is for. Which is not to say that there are no shady business owners who won't try to take advantage of you if one of their workers is injured on your roof, but this sort of situation is meant to be covered by their insurance.

(Which is why one always wants licensed, bonded, and insured workers!)

You'll likely have to grant permission in writing for them to be on the property. Insist on a waiver releasing you from all liability if one of the workers is injured on your property. If the business refuses, do not grant permission. A business operating on the level will probably offer you the waiver without you even needing to ask.

I'll take your advice about that. Nobody has officially asked permission yet. I only heard them talking when they were in my neighbor's backyard. I didn't say anything because I didn't want to make it look like I was eavesdropping (which I guess I was). I don't know when this tree job will be done, but I hope I'll be home when it happens so I can keep an eye on things.

**SChinFChin** · 10-29-2009, 04:54 AM

You got some good pointers.

Being a landlord, I used many a contractor in my day, and I've stopped a few in their tracks when they claimed to be licensed, insured, and bonded, and yet, when I asked for a "certificate of insurance", one guy admitted his insurance lapsed because he didn't pay his premium.

Another thing to by careful of is the business' General Liability" (GL) insurance. It does not cover the workers medical bills if he fell off the roof, goes to the hospital, and the hospital comes after you. He'll need to have a separate Workman's Comp policy. Fortunately, I checked my homeowners policy, and mine also covers "workman's comp", as required by state law, if this happened.

Usually licensed companies are required to carry WC to be licensed, but under the laws of my state, NY, owners are allowed to opt out, so my homeowners policy would cover me if an "owner" did the work, and got himself injured, and he has no medical coverage.

**Aldebaran** · 10-29-2009, 11:18 AM

Quoting SChinFChin

You got some good pointers.

Being a landlord, I used many a contractor in my day, and I've stopped a few in their tracks when they claimed to be licensed, insured, and bonded, and yet, when I asked for a "certificate of insurance", one guy admitted his insurance lapsed because he didn't pay his premium.

Another thing to by careful of is the business' General Liability" (GL) insurance. It does not cover the workers medical bills if he fell off the roof, goes to the hospital, and the hospital comes after you. He'll need to have a separate Workman's Comp policy. Fortunately, I checked my homeowners policy, and mine also covers "workman's comp", as required by state law, if this happened.

Usually licensed companies are required to carry WC to be licensed, but under the laws of my state, NY, owners are allowed to opt out, so my homeowners policy would cover me if an "owner" did the work, and got himself injured, and he has no medical coverage.

Thanks! I'll make sure to ask about what kind of insurance they have. Hopefully, I'll be there when they arrive. But if I'm not, and they do what they want without asking my permission, does that relieve me of any responsibility if something bad happened if they were on my roof without my knowledge or consent?