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Who is responsible for tree damage, lot owner or home owner?

  

Who is responsible for tree damage, lot owner or home owner?

Postby perth » Mon Aug 15, 2011 3:59 am

I own a mobile home off of a lake which is heavily wooded with 30+ year old trees.
I own the mobile and rent the lot.
The land lord has stated in the lease that he is responsible for all yard work and cleaning of debre.
Last week I was outside with the lot owner. I pointed to a enormous 100% dead tree, that was hovering near by. I said that this tree has got to be removed before it goes through my mobile one day.
He said yes, I know I will get this and other trees out of here.
A neighbor comes strolling up and sarcastically says "yeah, sure you have been saying that for 2 years."
I didn't know, I moved in late last summer.
Well you know where this story is going right? last night around 1am, the tree came down right on top of the mobile during high wind gusts.
I am very fortunate it didn't go completely through and no one was hurt.
There is damage though.
What I find crazy is, the lot owner called a neighbor and asked if they knew if I had home owners insurance or what kind of coverage do I have on my auto policy.
He calls my neighbor? he didn't return my message though.
I do not want to turn this into some major drama, but who would be responsible?
My concern is my kids getting killed by one of these trees.
This is the 2nd one this season that has come down.
perth
 
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Who is responsible for tree damage, lot owner or home owner?

Postby arrigo » Mon Aug 15, 2011 4:07 am

Both of you have liability.

He pays for damage to his property, him or his insurance.

You pay for damage to your property, you or your insurance.
arrigo
 
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Who is responsible for tree damage, lot owner or home owner?

Postby sketes » Mon Aug 15, 2011 4:12 am

The owner of the land is responsible. He is responsible or his insurance to pay for damages to your mobile home and other personal items. Take him to court. He has to pay. Some attorneys go as far as punitive damages.
sketes
 
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Who is responsible for tree damage, lot owner or home owner?

Postby corday61 » Mon Aug 15, 2011 4:15 am

You have to request the removal in writing, or your mobile home policy will cover any damage to your home, and your auto policy will cover your vehicle if you have physical damage coverage.
corday61
 
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Who is responsible for tree damage, lot owner or home owner?

Postby spere » Mon Aug 15, 2011 4:17 am

The tree is the property of the land owner and he is responsible.

Doubly so because he was aware of the problem and the potential for damage or injury and took no action.

You should begin to effect your repairs (that is YOUR responsibility) immediately and notify him (in writing) of the tree falling and the scope of the damages (even though you have already called and told him) and the high priority of your concern that further 'downs' represent a risk of death or injury. Ask him to notify his insurance company (if any) and to contact you to discuss the matter on or before a certain date.

If he meets with you, keep notes and ask how he is going to resolve the two problems (three if you count cleanup). If the solution is not acceptable tell him so.

Ultimately your choice is going to be move or cut down the dead trees and sue for damages for his failure to perform. For that you will need an attorney. BUT if you continue to reside there and another tree comes down and damages or harms someone, YOU have a potential risk of liability exposure because you are aware of the danger but have chosen to remain.

.
spere
 
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Who is responsible for tree damage, lot owner or home owner?

Postby fineen » Mon Aug 15, 2011 4:24 am

The tree is the property of the land owner and he is responsible.

Doubly so because he was aware of the problem and the potential for damage or injury and took no action.

You should begin to effect your repairs (that is YOUR responsibility) immediately and notify him (in writing) of the tree falling and the scope of the damages (even though you have already called and told him) and the high priority of your concern that further 'downs' represent a risk of death or injury. Ask him to notify his insurance company (if any) and to contact you to discuss the matter on or before a certain date.

If he meets with you, keep notes and ask how he is going to resolve the two problems (three if you count cleanup). If the solution is not acceptable tell him so.

Ultimately your choice is going to be move or cut down the dead trees and sue for damages for his failure to perform. For that you will need an attorney. BUT if you continue to reside there and another tree comes down and damages or harms someone, YOU have a potential risk of liability exposure because you are aware of the danger but have chosen to remain.

.
If you have insurance on your trailer they will take care of the repairs. If you don't have insurance you may be out of luck. You just put him on constructive notice less than a week ago about the old dead tree, so i doubt that a court of law would find him liable for the storm damage. The fact that the neighbor said he was aware of the danger for the past two years would probably be considered here say. Take pictures of the fallen tree in case you need evidence later. Good Luck
fineen
 
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