2006-12-11 17:41:26 · 7 answers · asked by Gus P 1 in Politics & Government ➔ Law & Ethics
No, you are partially liable. Because it is your tree, then you must assume part of the responsibility for damage incurred.
2006-12-11 17:44:48 · answer #1 · answered by marklemoore 6 · 1⤊ 1⤋
First of all if the tree is on your property and you did not keep it trimmed and the neighbor had ask you too and a branch fell and hit there house or car and damaged it then I would say you were responsible for it. But I would think that it is considered an act of god where a tree root comes out of the ground. I am not a lawyer so this is only my opinion. But if it is your tree as a good neighbor I would think you would offer to help him out by removing the tree so that no more damages occurs. If he wanted to take you to court in this day and age you never know what may happen you may end up replacing his walkway as well as removing your tree. Or the judge may laugh. Good Luck and be a good neighbor. That is the best way to go.
2006-12-11 18:48:47 · answer #2 · answered by Virginia B 2 · 0⤊ 0⤋
How long was his patio there... how long has your tree been there. Did he contribute by building a patio where he knew your tree roots would go.... did he ask you to do something about it before it happened.... did he do something about it.
He probably assumes the liability if he does nothing. Just like if the limbs hang over,,, he can cut them back. But if he doesn't and the tree drops a limb on his car... well he contributes. So if you are in a zero contrib state then I would think not. Don't worry about it unless he sues you.
2006-12-11 17:52:27 · answer #3 · answered by Just trying to help 3 · 0⤊ 0⤋
Sounds like an Act of God to me.
Do you want to be on good-terms with your neighbor? If yes, then help out. If not, tell him to "tell it to the judge." Was your tree there before his patio? Maybe his patio is killing your tree. I think you should sue your neighbor, and say "how do you like them apples?"
This is probably why I have no neighbors that could be affected by my trees...
2006-12-11 17:50:52 · answer #4 · answered by Anonymous · 0⤊ 0⤋
yes...same if said tree were to lose a limb and fall on the patio and damage it.....your responsible
2006-12-11 17:43:49 · answer #5 · answered by glduke2003 4 · 1⤊ 1⤋
Shut the hell up f a g got
2006-12-11 17:45:27 · answer #6 · answered by NONAME 2 · 0⤊ 2⤋
Yep. Have Insurance?
2006-12-11 17:45:44 · answer #7 · answered by Anonymous · 1⤊ 1⤋
with a good lawyer anything is possible. its all about what you can make a jury or judge believe or feel.
2006-12-11 17:43:40 · answer #8 · answered by Anonymous · 0⤊ 1⤋