Avoid claim “ Act of God ”?

Question

Many a times road side trees planted and maintained by relevant authorities falls and caused damages to private property.
No claims against the damages to private property are entertained using the clause “ Act of God ”. The trees are planted and maintained by the authorities and are expert in this field as to its safety and hazard to the public. Using the term to avoid claim, is it fair or avoid responsibility?

Answer 1

Act of God is a legal description of cause and effect. If someone plants a tree and a hurrican blows it over into a school bus load of retarded lesbian two year olds its an act of God. If the caretaker of the tree notices heartwood worms destorying and killing the tree and it falls on a bus load of handicapped untoilet trained 6 years olds, he is negligent in not having properly taken care of the tree by having it removed or otherwise brought to proper health.
Responsibility is the key issue. When NO ONE is responsible its called an act of God.

Answer 2

Liability is not determined by the public entity, it is determined by a judge or jury. In most states, you must file a claim with the public entity before you can file a lawsuit for damages. By denying liability, the public entity is basically saying "We don't want to pay you, so try and sue us."

You can still file a lawsuit and ask the court to determine liability. Consult a local attorney right way, because sometimes claims against public entities have short statutes of limitation.