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Started By
Message
1
Posted on 4/28/15 at 10:20 am to yellowfin
quote:
I just went through this and had an attorney tell me different
So did I. But's its not surprising that you might get 3 different opinions from 3 different attorneys. Most of them get the basic concept, which has been correctly restated in this thread, that the neighbor doesn't have to pay for tree damage unless the tree was obviously rotten.
Most attorneys probably also wouldn't know that the neighbor would be required to pay for removal of his tree from your property.
I was lucky enough to have an attorney that provided the legal background that convinced the neighbor's insurer and resolve everything very amicably with my neighbor. My insurer paid for tree damage and his insurer paid for tree removal.
Posted on 4/28/15 at 10:23 am to Monk
why does everyone have to run for a lawyer in this case? it's the aftermath of a storm, jeez, get out your chainsaw, a cooler of beer and help a brother
Posted on 4/28/15 at 10:33 am to KJason
Man up and take care of it yourself. Your fence, your responsibility.
Posted on 4/28/15 at 10:40 am to 777Tiger
quote:
why does everyone have to run for a lawyer in this case?
it's what we do these days. someone HAS to pay !!
Posted on 4/28/15 at 10:40 am to Crusty
quote:
Why do YOU think that THEY should have to pay because YOU didn't want to remove the potential hazard?
Posted on 4/28/15 at 11:13 am to KJason
quote:
I forgot this was the OT and you'd probably be out there as we speak with a dull hatchet and a headlamp because a chainsaw would be too easy.
Posted on 4/28/15 at 11:28 am to 777Tiger
quote:
why does everyone have to run for a lawyer in this case? it's the aftermath of a storm, jeez, get out your chainsaw, a cooler of beer and help a brother
I can't speak for anyone else but I would guess it has to do with the desire to answer the first question that was posed. i.e.,
"Who is legally responsible to fix the fence?"
Most posts that I have seen tend to assume that you start with working it out with your neighbor but, to do that, it generally helps if you know what the law requires so you don't have unwise expectations about what your neighbor should or shouldn't do.
It sounds like most folks in LA have a pretty decent grasp of the legal and moral aspects.
Posted on 4/28/15 at 11:32 am to Monk
thanks dad, but maybe it's because I'm old or a pushover, or whatever, but the last thing I would do, and I've weathered a lot of storms, in that scenario would be trying to determine liability, my first thoughts would be, we've got a little problem here, how do we solve it?
Posted on 4/28/15 at 12:15 pm to 777Tiger
Fence gets knocked down, you go to home depot, get some 4x4s, some 2x4s and some fence boards. It's surprisngly cheap how little a 10' run of fence is to replace, and most of a knocked down fence can be reused.
Posted on 4/28/15 at 12:23 pm to Napoleon
Man, there are a lot of dumb people in this thread. Attorneys? Are you fricking serious? GTFO.
This is really simple:
Each property owner calls his/her insurance agent for advice. Let insurance handle it.
Then, each property owner simply talk to one another about how to help each other with things that the insurance won't cover.
Simple.
This is really simple:
Each property owner calls his/her insurance agent for advice. Let insurance handle it.
Then, each property owner simply talk to one another about how to help each other with things that the insurance won't cover.
Simple.
Posted on 4/28/15 at 12:54 pm to 777Tiger
Sure, the OP is talking about a simple fence repair. No big whoop.
My posts have been exclusively focused on the poster's specific question about actual legal liability and my personal experience when a neighbor's very large water oak fell on my house so it's apples and oranges when you are talking about how you would just approach it as "we've got a little problem here."
Otherwise, and absent his question about liability, I agree that is a great approach..........son.
My posts have been exclusively focused on the poster's specific question about actual legal liability and my personal experience when a neighbor's very large water oak fell on my house so it's apples and oranges when you are talking about how you would just approach it as "we've got a little problem here."
Otherwise, and absent his question about liability, I agree that is a great approach..........son.
Posted on 4/28/15 at 12:55 pm to Monk
quote:
I agree that is a great approach..........son.
you've done a great job
Posted on 4/28/15 at 1:15 pm to Monk
quote:
So did I. But's its not surprising that you might get 3 different opinions from 3 different attorneys. Most of them get the basic concept, which has been correctly restated in this thread, that the neighbor doesn't have to pay for tree damage unless the tree was obviously rotten.
In Louisiana insurance companies subrogate against each other for the tree removal, regardless if it is healthy or not. This is a fact.
Posted on 4/28/15 at 5:51 pm to Napoleon
I actually asked about it the night of the storm.
GFY and learn how to comprehend a time stamp.
You sound like an insufferable douchebag by the way.
GFY and learn how to comprehend a time stamp.
You sound like an insufferable douchebag by the way.
Posted on 4/28/15 at 9:51 pm to wickowick
quote:
In Louisiana insurance companies subrogate against each other for the tree removal, regardless if it is healthy or not. This is a fact.
Would you please explain this? :)
Posted on 4/28/15 at 11:01 pm to TSLG
quote:
Would you please explain this? :)
It means that if an insurance company pays a claim that they don't think is really their responsibility, they will sue the insurance company of the insured whose tree falling caused them to have to pay a claim to recover some of their loss.
Posted on 4/28/15 at 11:06 pm to ruzil
They will subrogate, not necessarily sue.
This post was edited on 4/28/15 at 11:19 pm
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