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The CHUD Hurricane Command Center
ATwo trees down in my yard, one across the driveway and one huge pine fell from my front yard onto my neighbors workshed. Power keeps coming and going. Will post pics if i can.
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AYou don't have any big trees near the house do you Jacob Singer?
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Quote:

Originally Posted by Bucho View Post

You don't have any big trees near the house do you Jacob Singer?


My immediate thought as well!

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I'm surrounded by tall trees, actually, so I got lucky. This could've been much worse (still getting some big gusts, but the power is back on, I think the worst is over.



Only got a couple of pics, didn't want to get the phone wet. Doesn't look like much here, you can only see the roots of the large pine that fell on the neighbors':







Nothing in the grand scheme of things, of course, just property, but there are a lot of downed trees in the 'Branch.

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A couple of better pics:









Hey internet lawyers, my roommate contacted his insurance agent and he says we're not legally/financially responsible for our tree falling on our neighbor's house. Is this accurate?

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Also, this is what good neighbors look like:



Yesterday -





Today -



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But they stole your car!

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Quote:

Originally Posted by Jacob Singer View Post
 

Also, this is what good neighbors look like:



Yesterday -





Today -





Fuckers couldn't rake?

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I make it a point never to question neighbors with chainsaws.

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Quote:

Originally Posted by Jacob Singer View Post
 

A couple of better pics:









Hey internet lawyers, my roommate contacted his insurance agent and he says we're not legally/financially responsible for our tree falling on our neighbor's house. Is this accurate?



I'd say no unless the tree was already compromised and you guys hadn't had it taken down before. If it was healthy and no one could have expected it to do anything I believe it falls under act of god.

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A[quote name="Jacob Singer" url="/community/t/159590/the-chud-hurricane-command-center/120#post_4361161"]A couple of better pics:










Hey internet lawyers, my roommate contacted his insurance agent and he says we're not legally/financially responsible for our tree falling on our neighbor's house. Is this accurate? 
[/quote]

Must be an Act of God, no? Unless you were negligent in securing it.

Note: I'm not a qualified lawyer in the state of Florida (or the US at all).
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In terms of trees on your properties falling onto neighbor's properties, here is the chain of analysis ("homeowner" is a synonym for "person/entity that has legal ownership, control, possession, and/or duty to maintain the property at issue"):



1.)Was there a statute/ordinance/law/regulation that the homeowner failed to comply with?  E.g., you weren't supposed to have a tree that tall, or that heavy, or of that type, in the area where it was.  Property set-offs, roots/branches that extend on to neighbor's properties, etc., all might be in play.



If so, then probably "yes" to liability question.



2.)Was there a contract or other type of agreement that the homeowner failed to comply with.  E.g., a homeowner's association rule or easement prohibiting trees that tall, that heavy, in that area, etc.



If so, then probably "yes to liability question.



3.)Did the homeowner "breach the duty of reasonable care" by having a tree of that height, weight, type, etc., in that area?  This one is much more difficult.  How likely was it that the tree would fall, given Florida's propensity for violent storms?  Were there warnings before-hand (tree was leaning, etc.)?   Is the tree of the type/weight/size/location that made it a real bad idea to leave it where it was?  Would a reasonable person, given all of the pertinent facts, have allowed that tree to remain where it was?  Was this inevitable, or was it really just a freak occurrence?



If the answer to any of these questions are basically "yes, this was a bad idea" then the homeowner's will probably be liable.



Quite honestly, if I was the owner of a house and a neighbor's large tree fell on it and destroyed it, I and/or my insurance company would be suing the people who owned that tree.  With an expert (you can find an expert to say anything) and enough effort, I'll make it at least an arguable case.



The insurance company should be contacted immediately and kept in the loop and the homeowners need to shut the fuck up.  Nothing they say can help, and there are a million things they could say that might hurt.



The homeowners need to find their policy.  Immediately.  They need to look at any and all coverage that might apply to this situation.  They should get an attorney to help them if they don't understand it.  They need to realize that their insurance provider will do everything possible to avoid coverage and deny the claim (if the homeowners get sued).  The insurance company is not their friend.  They need to conform their communications to the insurance company, as much as they are ethically willing, to CONFIRM/CREATE coverage and to AVOID triggering any exclusions or defeat coverage.

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A[quote name="Overlord" url="/community/t/159590/the-chud-hurricane-command-center/150#post_4361577"]In terms of trees on your properties falling onto neighbor's properties, here is the chain of analysis ("homeowner" is a synonym for "person/entity that has legal ownership, control, possession, and/or duty to maintain the property at issue"):

1.)Was there a statute/ordinance/law/regulation that the homeowner failed to comply with?  E.g., you weren't supposed to have a tree that tall, or that heavy, or of that type, in the area where it was.  Property set-offs, roots/branches that extend on to neighbor's properties, etc., all might be in play.  

If so, then probably "yes" to liability question.

2.)Was there a contract or other type of agreement that the homeowner failed to comply with.  E.g., a homeowner's association rule or easement prohibiting trees that tall, that heavy, in that area, etc.

If so, then probably "yes to liability question.

3.)Did the homeowner "breach the duty of reasonable care" by having a tree of that height, weight, type, etc., in that area?  This one is much more difficult.  How likely was it that the tree would fall, given Florida's propensity for violent storms?  Were there warnings before-hand (tree was leaning, etc.)?   Is the tree of the type/weight/size/location that made it a real bad idea to leave it where it was?  Would a reasonable person, given all of the pertinent facts, have allowed that tree to remain where it was?  Was this inevitable, or was it really just a freak occurrence?

If the answer to any of these questions are basically "yes, this was a bad idea" then the homeowner's will probably be liable.

Quite honestly, if I was the owner of a house and a neighbor's large tree fell on it and destroyed it, I and/or my insurance company would be suing the people who owned that tree.  With an expert (you can find an expert to say anything) and enough effort, I'll make it at least an arguable case.  

The insurance company should be contacted immediately and kept in the loop and the homeowners need to shut the fuck up.  Nothing they say can help, and there are a million things they could say that might hurt.  

The homeowners need to find their policy.  Immediately.  They need to look at any and all coverage that might apply to this situation.  They should get an attorney to help them if they don't understand it.  They need to realize that their insurance provider will do everything possible to avoid coverage and deny the claim (if the homeowners get sued).  The insurance company is not their friend.  They need to conform their communications to the insurance company, as much as they are ethically willing, to CONFIRM/CREATE coverage and to AVOID triggering any exclusions or defeat coverage.  
[/quote]

Seems legit.
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Well, according to both our insurance reps and the neighbors' insurance reps, we are not responsible for a healthy tree falling over during a tropical storm. But from the looks of things, it didn't even do any damage (it's literally just resting on their workshed), so they're only out the cost of removal, which we told them we'd chip in on anyways, just because.

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AThat's just good karma in action.
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AThree reported dead in Ireland so far due to Storm Ophelia, including one woman whose car was struck by a falling tree and a man who didn't know any better than to try to clear fallen branches with a chainsaw while the storm was blowing.

Stay the fuck inside, y'all.
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