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Started By
Message
re: Tree damage laws and liability
Posted on 8/30/21 at 12:12 am to TankBoys32
Posted on 8/30/21 at 12:12 am to TankBoys32
quote:
it's a healthy tree I believe it's considered an "Act of God", but if it's been rotting for a few years they may be liable.
It doesn't matter if it has been rotting. Unless homeowner B has proof that letters or emails were sent to homeowner A regarding concerns of said rotting tree and nothing was done after a reasonable amount of time, then homeowner B is responsible.
2
Posted on 8/30/21 at 12:34 am to hobotiger
Hobo is right. If B has documented proof that he/she requested that the tree be mitigated by A (tree owner) because they felt it was a danger to their health and welfare and A disregarded that request, A is responsible for the damages. YMMV because the other guy, A in this case, may have an expert witness that says there was nothing wrong with the tree when B said it was about to fail. I’ve been on both sides as a expert witness as an arborist.
Posted on 8/30/21 at 12:16 pm to hobotiger
Yeah you're right.
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