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Thread: Tree Branch Damage - Negligence vs. Act of God

  1. #1
    Junior Member
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    Default Tree Branch Damage - Negligence vs. Act of God

    Can anyone out there provide a legal case reference that establishes
    precedent for the "negligence" side of a tree or tree part/branch
    falling from a neighbors property and damaging your property?


    I see a lot of "if the tree was dying" or "if the tree was dead" and
    part of it falls, then it is "not an Act of God" and therefore it was
    "negligence" -- but I see no actual legal references for these claims.


    For those who want to know a specific state: GA... but any will do for
    now.


    Thanks in advance.


  2. #2
    Member
    Join Date
    Dec 2004
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    83

    Default Tree Branch Damage - Negligence vs. Act of God

    > Can anyone out there provide a legal case reference that establishes
    precedent for the "negligence" side of a tree or tree part/branch falling from a neighbors property and damaging your property? I see a lot of "if the tree was dying" or "if the tree was dead" and part of it falls, then it is "not an Act of God" and therefore it was "negligence" -- but I see no actual legal references for these claims. For those who want to know a specific state: GA... but any will do for now.
    IANAL. Tree law varies so much from place to place that even knowing your
    state isn't much help. In general damage from treefall is not negligence
    unless (as you say) the tree was clearly ill or damaged. You probably need
    to decide if this issue is worth going to court over, and, if so, finding a
    local attorney that is familiar with local tree law. Nolo has a good book on
    "neighbor law" that discusses tree issues; you might want to take a look at
    that. See if your neighbor will split the cost of the damage (I assume it
    was his tree that damaged your property) or, if you have homeowner's
    insurance just let them take care of it.

    --
    John Goulden



  3. #3
    Junior Member
    Join Date
    Nov 2003
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    Default Tree Branch Damage - Negligence vs. Act of God


    "tommy" <tjones66666@yahoo.com> wrote in message
    news:a1fbv0l1jgi9fegfkunvu5go75olu7v863@4ax.com...
    Can anyone out there provide a legal case reference that establishes precedent for the "negligence" side of a tree or tree part/branch falling from a neighbors property and damaging your property? I see a lot of "if the tree was dying" or "if the tree was dead" and part of it falls, then it is "not an Act of God" and therefore it was "negligence" -- but I see no actual legal references for these claims. For those who want to know a specific state: GA... but any will do for now. Thanks in advance.
    Not sure if this will help you, but several years ago we had a huge tree
    limb from our own tree fall onto my husband's Jeep.

    The tree was not dead or dying. Our insurance company considered it an "Act
    of God" and paid for the repairs under the car insurance's comprehensive
    coverage.

    We asked our homeowner's insurance if they would cover it, and they said it
    would only have covered it if there had been a storm. It wasn't storm
    related.

    HTH,
    Brigitte


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