Pulaski

What if you don't have insurance? This is America, surely there must be someone to sue?

RICH

I'm in Florida. I don't know the legal responsibilities, but this sort of thing must be common. Bits of my neighbors' trees fall in my yard weekly, and my trees in theirs.

Best all round to sort it out between you and the neighbor.
I'd say let him do his best. Worry about a law suit if he injures himself, after all, the (almost) worst has already happened. And do your bit to clear it up, when you get back, to be neighborly.

Michael

I believe they quoted the "act of god" law which is common in most states. If the neighbor or utility company knew, suspected, or neglected a tree was rotten and didn't do anything about it or it came crashing down on your property for no apparent reason, you'll likely be able to sue. Without being able to sue, neighbors and utilities could just let trees rot without liability.

However if a storm came through that falls a lot of trees, it would probably be difficult to sue even if some of the trees were rotten.

Similar "act of god" laws are on the books when a house catches on fire and spreads to other houses. Unless it was a meth lab or some other unauthorized activity, the "act of god" laws usually protects the homeowner of where the fire started.

customsquestion

What is inane about it? You really have to watch yourself over there don't you more so than here? He can't lose his cool and end up in court over this. It can't end up in neighbours feud with cops coming into it can it? It probably won't but he can't escalate it it can't allowed to escalate he needs to be told that.

My english mate in nyc always saying you really have to keep your nose clean can't get arrested can't get a record can't get ticketed by the cops over there and he is legal. Is his right or wrong to be so paranoid?

RoadWarriorFromLP

That doctrine is not uncommon in much of the country.

However, the OP should still pursue the other parties for compensation. He's not their attorney; he may as well make the demands, and see where that leads.

RoadWarriorFromLP

The individual words are in English. But taken as a whole, it seems to be something else.

Jerseygirl

Yet another inane post...no one knows what you are rambling on about. You are verging in trolling....BE members are complaining and I am losing my patience. I suggest you take a voluntary break from the forums. This is your final warning.

MarylandNed

You could try suing the tree...or its estate.

lansbury

Nope, unless someone failed to cut down or make safe an obviously unsafe tree, otherwise it is where it falls. Our neighbor has a Douglas Fir which has been examined by an arborist and ruled to be safe. It will hit one of four houses if it comes down in a storm. As ours is one of the houses I have been researching this.

Pulaski

Wow! .... I just had three trees felled that leaned, to varying degrees, towards a neighbor's house. I have no reason to think that they weren't healthy, but I couldn't have lived with myself if one had fallen. .... I had hung on for several years, but every time there was a storm I was getting more anxious. They were both very grateful, but especially the wife.

RICH

Not particularly relevant, but when I moved in to this house 3.5 years ago, I noticed a tree that looked dead. Mentioned it to neighbor, who had a friend who claimed to know about such things. Anyway, friend agreed it was dead and $20 and 2 hours later the tree was gone. Hollow stump is testament that it was dead.

Hate to think of my insurance /liability if the guy had got hurt, or the tree had fallen on someone/something.

Pulaski

Felling dead trees is the most dangerous type of tree work. I found a dead pine on my property that had been dead long enough to have lost all it's limbs. I started to cut into it, and it had the consistency of a hard cheese. ..... I stopped and put a winch around it, and put some tension on it before I continued. And this was no dead sapling, it was more that 80' tall, and about 18" diameter at the base. It made quite a "whump" when it hit the ground!

scrubbedexpat099

Rylands vs Fletcher comes to mind.

Rete

Paranoid

Nutek

Cost us thoudsands of $ to have one of ours removed. It was still a relief to have it gone. we did the rest ourselves, but this one was massive, and very close to our house.