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  #1  
Old 04-17-2007, 11:15 AM
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Gizmo's Mom

What is the name of your state? North Carolina
A tree fell on my niece's car at work and they say her insurance has to pay for it. Which means $500 deductable, etc. I thought the place of business would have to pay for it since they own or rent the property. Which is correct?
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Old 04-17-2007, 11:26 AM
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Who is "they"?

Whose tree was it?

What caused the tree to fall?
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Old 04-17-2007, 02:30 PM
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Originally Posted by seniorjudge View Post
Who is "they"?
Whose tree was it?

What caused the tree to fall?
It was at her place of employment. The tree is on their property and "the wind" caused it to fall.
Thanks
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Old 04-17-2007, 02:32 PM
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Originally Posted by Gizmo's Mom View Post
It was at her place of employment. The tree is on their property and "the wind" caused it to fall.
Thanks
Why would the company be liable? What did they do to cause the tree to fall?
File a claim with your insurance company.
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Old 04-17-2007, 02:36 PM
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Originally Posted by Zigner View Post
Why would the company be liable? What did they do to cause the tree to fall?
File a claim with your insurance company.
100% correct....
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  #6  
Old 04-18-2007, 11:04 AM
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UNLESS . . . the tree was dead or rotten. then it would have been the companies responsibility to maintain the tree. If it was dead or rotted and broke, then the company is responsible.
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Old 04-18-2007, 12:50 PM
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Originally Posted by LindaP777 View Post
UNLESS . . . the tree was dead or rotten. then it would have been the companies responsibility to maintain the tree. If it was dead or rotted and broke, then the company is responsible.
OP stated the cause of the tree falling was "the wind"...not that it was dead or rotted...

Linda - that doesn't reduce the accuracy of your post...just in this situation, I doubt it applies.
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  #8  
Old 04-18-2007, 01:17 PM
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Quote:
Originally Posted by Zigner View Post
OP stated the cause of the tree falling was "the wind"...not that it was dead or rotted...
Linda - that doesn't reduce the accuracy of your post...just in this situation, I doubt it applies.
Got it! I just wanted the OP to get the full picture. (In case the rotted branch could have come down from the "wind".)
  #9  
Old 04-18-2007, 02:15 PM
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Originally Posted by LindaP777 View Post
UNLESS . . . the tree was dead or rotten. then it would have been the companies responsibility to maintain the tree. If it was dead or rotted and broke, then the company is responsible.
This may not be fully true. If the company or property owner had no knowledge of the tree's health or had not be warned of the potential problem, the company likely would not be held liable. There is no legal requirement for property owners to have trees or any other plants inspected or check for diseases or other problems.
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