dead tree falls into roadway and onto a moving car--any case law regarding this?

Question

My nephew was driving down a road at night--the road was wet--a large dead tree branch feel onto the hood of his car totalling the veh. The town has case information stating previous cases where the tree was not reported in the town in writing and that is why the town did not take the tree down--my nephew has a statement from the homeowner stating that he asked for the tree to be removed and the town said they could not. The town never asked for anything in writing at that time. That was 2years before this accident occurred. I would like any positive case law whereby a similar situation occurred to someone and they won a settlement.

Answer 1

You have a good case, but an attorney will help you best.

Answer 2

Did nephew have comprehensive insurance? If so he has an insurance claim & his carrier will go after anyone else responsible.

If he has no insurance, then his chances of recovery depend on your state's laws as to who is responsible for removal of a long dead tree overhanging the right of way from private property (probably the tree owner) and municipal immunity from a possible suit.

You should consult with a local attorney.

Answer 3

i do no longer understand what Missouri regulation is, yet while the insurance employer ruled it an act of God you ought to have worry in small claims courtroom. it form of feels to me although that if the owner did no longer safeguard the tree (ie: no longer slicing it down while it grew to become into ineffective) inflicting a a danger, he/she could be reliable, yet insurance firms do no longer prefer to pay claims. in case you have information that the tree grew to become into ineffective and not maintained via the owner take it to small claims or attraction with the insurance employer. although, in case you have no information then it particularly is no longer likely you would be waiting to override the insurance employer's determination. good success, plainly like an exceedingly problematic concern. additionally, each and all of the individuals who're asserting you ought to coach that the owner knew that the tree grew to become into ineffective, it particularly is not the case. lack of expertise isn't a criminal excuse. If it grew to become into no person can ever be answerable for something.

Answer 4

The city is required to maintain all trees on their property, whether someone tells them to or not and thus are responsible for damages that occur due to negligence. Look for negligence and liability cases.