Tuesday, December 4, 2012

MORE ON HURRICANE SANDY

There was a recent discussion on a legal listerv that I am a member of regarding liability for fallen trees - the question was:

"Does anyone know if the neighbor was put on notice through certified mail that the tree was a possible danger; it then falls on the property owner’s yard. Luckily no property or personal damage. But it costs 1,200 to cut up and remove the tree.(it was a big tree).  Can the neighbor who was put on notice be responsible for that?"

And the answers were quite varied and it appeared that there were three different opinions:

1. The neighbor would be liable if it can be proved that the tree was defective and the neighbor was at fault.

2. The property owner is always responsible for removal and notice to neighbor does not shift responsibility.

3. If notice was given, the neighbor would be responsible and there would be no need to establish fault.

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