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  1. #1
    Join Date
    Mar 2013
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    18,340

    Default Re: Are You Liable for a Tree That Partially Fell Onto a Neighbor's Property

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    Are my parents responsible for the tree falling from their property and onto the neighbors' property? Are they responsible for removing the fallen/leaning tree from the neighbors' property? Are they liable for any subsequent injuries to individuals who may attempt to climb on the trees, which are now both on the neighbors' property? This seems to me as an act of God that felled an otherwise healthy-looking tree, and that my parents have no ability/responsibility to control potential future actions of children/adults on the neighbors' property, or liability for hypothetical injuries resulting from such actions.
    From a "legal" standpoint your parents wouldn't be liable for damage done by the tree when it was blown over by the storm since it was apparently visibly healthy before the storm.

    BUT, now that they KNOW that the tree is an obvious hazard they would be liable for damage or injury going forward if they failed to remove the hazard.

    No amount of "spin" prevents the lawsuit from being delivered to their door with unpleasant results.

    The "proper/necessary" course of action is for your parents to hire a tree removal company and get the tree removed ASAP.

  2. #2

    Default Re: Are You Liable for a Tree That Partially Fell Onto a Neighbor's Property

    Message received and delivered - calling a tree service today.

    Thanks

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