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Started By
Message
Big limb from my tree hit neighbors carport - should I be paying for it?
Posted on 5/16/14 at 1:59 pm
Posted on 5/16/14 at 1:59 pm
Big limb from my oak tree fell last wk and hit my neighbors carport. The tree is 100% healthy as far as I can tell (no way I could have known about it before it fell). He said he got an estimate for $475 to repair the carport and was wondering if I wanted to pay for it. What says the OB?
This post was edited on 5/16/14 at 2:00 pm
12
Posted on 5/16/14 at 2:01 pm to gorillacoco
As long as its healthy I believe you have the law on your side.
Why did it fall, do y'all know?
Why did it fall, do y'all know?
Posted on 5/16/14 at 2:01 pm to gorillacoco
His homeowners should pay for it same thing happened to me but I was the one whose house got hit it's an act of god therefore their homeowners should cover it as long as the tree wasn't sick or dead
Posted on 5/16/14 at 2:04 pm to gorillacoco
Healthy- he pays-considered an act of God. Dead or rotten it's on you
Posted on 5/16/14 at 2:05 pm to gorillacoco
quote:
(no way I could have known about it before it fell)
Just a little addendum. He has/had the right to trim any of the tree that was over his line.
Posted on 5/16/14 at 2:08 pm to gorillacoco
La. CC Art. 2317.1. Damage caused by ruin, vice, or defect in things
The owner or custodian of a thing is answerable for damage occasioned by its ruin, vice, or defect, only upon a showing that he knew or, in the exercise of reasonable care, should have known of the ruin, vice, or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case.
The owner or custodian of a thing is answerable for damage occasioned by its ruin, vice, or defect, only upon a showing that he knew or, in the exercise of reasonable care, should have known of the ruin, vice, or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case.
Posted on 5/16/14 at 2:08 pm to MadtownTiger
quote:
Why did it fall
Far as I can tell, maybe wind or limb grew too big at an odd angle?
Also, I agree I've got the law on my side, but is it the right thing to do I guess is more what I'm asking. Believe me, I don't want to shell out $500 just to be a nice guy. But if it's the right thing to do, I would suck it up and pay it. I didn't think it was really my responsibility but wanted to make sure I wasn't being a total dick. He's a nice neighbor but we're not exactly pals either.
Posted on 5/16/14 at 2:09 pm to gorillacoco
His homeowners owes for his damage, in the state of Louisiana his insurance will subrogate against your insurance for the branch removal. Chances are the damage is less than his deductible. If you like him offer to split the difference with him...
This post was edited on 5/16/14 at 2:09 pm
Posted on 5/16/14 at 2:10 pm to gorillacoco
Just send the money to me. As a neutral administrator, I will make sure the money is spent appropriately.
Posted on 5/16/14 at 2:12 pm to gorillacoco
It would be on you ole boy
Posted on 5/16/14 at 2:13 pm to wickowick
quote:
Chances are the damage is less than his deductible.
I think that's the whole deal. Would depend on how much I liked my neighbor, really.
Posted on 5/16/14 at 2:17 pm to wickowick
quote:In my opinion that is the right thing to do.
If you like him offer to split the difference with him...
Posted on 5/16/14 at 2:22 pm to wickowick
quote:
If you like him offer to split the difference with him...
This is what I would do maximum. You are not required to keep the tree up on his side of the property just because it grows on your side. Get a price to cut the tree down and ask him if he wants to split that cost with you. He will not want to if he's trying to pass this bill on to you so he shouldn't be complaining about the ill effects of the tree.
Posted on 5/16/14 at 2:23 pm to gorillacoco
What would you do if the tree was on his property and fell on your garage?
Posted on 5/16/14 at 2:23 pm to swanny297
(no message)
This post was edited on 5/17/14 at 8:59 pm
Posted on 5/16/14 at 2:51 pm to jorconalx
quote:
Healthy- he pays-considered an act of God. Dead or rotten it's on you
Well that sure is a big frick you to those of us that dont believe in God now is it?
Posted on 5/16/14 at 2:57 pm to wickowick
quote:
If you like him offer to split the difference with him
Posted on 5/16/14 at 3:02 pm to dnm3305
quote:
Well that sure is a big frick you to those of us that dont believe in God now is it?
We get it, you don't believe in God. Put your big girl panties on and get over it
Posted on 5/16/14 at 3:25 pm to wickowick
quote:
Chances are the damage is less than his deductible. If you like him offer to split the difference with him...
Agree.
Posted on 5/16/14 at 3:31 pm to gorillacoco
Don't be a dick. Pay the man.
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