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  1. #1
    Join Date
    Aug 2013
    Posts
    2

    Default Dead Tree and a Moving Car

    My question involves an injury that occurred in the state of: GA

    My neighbor has a completely dead tree- bark has fallen off in several areas in large patches. There is no doubt the tree is dead. A car turning the corner was hit by the tree- it was a windy day. Car is what I would consider totaled- driver received lacerations and had to have glass remover from her leg.

    After the emergency response- the tree was cut in several very large pieces- most which was left on my yard to clear the road.

    The caveat- the tree was less than ten feet from the road-and from my understanding -county maintained. I had a dead tree the same distance from the road a year back- called the county and they removed it.

    Question- Is my neighbor liable?

  2. #2
    Join Date
    Sep 2012
    Posts
    1,988

    Default Re: Dead Tree and a Moving Car

    from some cursory research it looks like the standard in Georgia is "knew or reasonably should have known"

    was this a typical suburban plot where the tree was readily visible to the neighbor and obviously dead? if so it looks like he could be liable.

    how windy was it? the windier it was the less likely it is the owner is liable.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Dead Tree and a Moving Car

    Are you saying that this tree fell on a moving car, or are you saying that the tree fell and was later hit by a moving car?

  4. #4
    Join Date
    Aug 2013
    Posts
    2

    Default Re: Dead Tree and a Moving Car

    It was windy-but not to the point there were other limbs in the yards. Typical plot or an older neighborhood- the houses were built in the 60's- so some are what could be called 'natural' landscaping- no real grass and wooded lots. But the tree in question was completely dead- and decaying and plainly visibe from the road.

    Yes-the car was turning a corner and moving when it was struck- typical three way t type intersection in a neighborhood w/ one stop sign.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Dead Tree and a Moving Car

    It appears liability to the home owner might be established. Without knowing whether the driver or her insurance will pursue it, the end result is hard to say. Most homeowners policies only cover about $1000 per tree in these circumstances.

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