[WSBARP] Property Owner Liability for Failure to Maintain Property (Falling Trees)

[Eric Nelsen]

I'd suggest starting with Rosengren v. City of Seattle, 149 Wn.App. 565, 571 et seq., 205 P.3d 909 (2009), and going from there. That case is a trip-and-fall from roots disrupting a sidewalk, but lots of cases cited on the issue of negligence for a hazard tree on the property, and distinguishing between a tree that was planted from one that was "naturally" there. I know there are other cases re negligence that concern whether the homeowner knows that the tree is in real danger of coming down-issue is whether the hazard to neighbors is foreseeable.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Samuel M. Meyler
Sent: Thursday, April 8, 2021 12:51 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Property Owner Liability for Failure to Maintain Property (Falling Trees)

Listmates,

I'm looking for some caselaw on a property owner's liability to a neighbor for a tree falling and damaging the neighbor's home.  Homeowner sent letters to the neighbor advising that they were concerned about dead trees on the neighbor's property and the potential that the trees could fall... and they were right!  Under what legal theories might the property owner be held liable?  Any helpful caselaw would be appreciated.  Thanks!

Sam


Samuel M. Meyler
Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, Washington 98109
Tel:  206.876.7770
Fax:  206.876.7771
Email:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>

NOTICE:

This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210408/d7039673/attachment.html>