[WSBARP] Tree law/insurance intersection

Craig Blackmon craig at lawofficeofcraigblackmon.com
Thu Aug 15 12:30:46 PDT 2019


Would the neighbor even be liable? If there is no sign of distress and no
way of predicting failure, I don't think the owner is liable for damage
caused by a falling tree. Obviously, "signs of distress" is a genuine issue
of fact....

And maybe I am mistaken?

Craig
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On Thu, Aug 15, 2019 at 11:00 AM Tom Lee <tlee at kerrlawgroup.net> wrote:

> PC lives in a neighborhood with old trees. Neighbor across the alley, (the
> alley is drivable, paved, utilities run under); neighbor has an enormous
> elm tree that extends over part of the alley. The elm is squarely on
> neighbor’s property, within a fenced yard.
>
>
>
> PC is concerned about damage to their backyard, garage, and a small
> trailer parked within their yard. If tree falls and hits their yard (it is
> tall enough to hit most of PC backyard if it fell right), PC fears
> homeowners insurance may not cover damage to above-items.
>
>
>
> Does anyone have any thoughts on this? Much appreciated,
>
>
>
> *TOM LEE*
>
> Attorney
>
> *KERR LAW GROUP* | Attorneys at Law | A Professional Limited Liability
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