tree struck by lighting

What is the name of your state (only U.S. law)? LA

We have a pine tree that was struck by lighting about 2 weeks ago. It is apparent now that the tree is dying, I have called a tree cutting service, but the soonest they can get someone out is 6 weeks away. If this tree falls before then would the damages (close to the property line, and neighbor has a makeshift shed near the tree) be covered by home owners insurance?

You can see where the bark was split from the strike.

Can't answer your question, but a pine tree struck by lightning will generally stand for a couple of years and then slowly break off in pieces - usually from the top. Six weeks should give you plenty of time to have the tree removed safely.

ok how about if it falls because of a hurricane? I know that if a storm knocks over a healthy tree its an act of god, however, are there any legal ramifications if the tree was dying before hand?

Some of the foliage has already turned brown, and upon closer inspection, you can see where the bark has been split from the strike.

If you are afraid that it will fall down onto your neighbors property sometime in the next 6 weeks, just hire someone to tie a large rope to the top of it with tension over onto the base of another tree on your property. Doesn't take much tension, but it will be enough that if it is going to fall it will fall on your property.

well I worry cause this neighbor is a pain in my rear end.. and has been since we stopped her pond from flooding our yard, and now it floods her yard when we have excessive rain.

I think you did all you need to do. I don't even think you're under any obligation to cut the tree. The tree could fall at any time for any number of reasons - no lightning required. And if it damages the neighbors house or shed, well, the neighbor should have had insurance. Not really your problem.

That said, 6 weeks is plenty of time to top the tree and take it down. If it falls before then, well, you already did more than you had to.

A guy built little workshop near one of my pastures. There is an enormous DEAD pine tree right there on my property, and several other large trees. I told him he may want to build a little further away. He said, "That's what insurance is for." When the tree falls, I personally don't think the guy should get a dime of insurance coverage. There needs to be an "idiot clause" in the policy somewhere.

There you go. No wonder insurance rates are so high.

scorolo said:

I think you did all you need to do. I don't even think you're under any obligation to cut the tree. The tree could fall at any time for any number of reasons - no lightning required. And if it damages the neighbors house or shed, well, the neighbor should have had insurance. Not really your problem.

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If a live tree would fall across the property line, then yes he would not be liable. If a stading dead tree that he has not removed falls, he very well could be determined to be liable.

A guy built little workshop near one of my pastures. There is an enormous DEAD pine tree right there on my property, and several other large trees. I told him he may want to build a little further away. He said, "That's what insurance is for." When the tree falls, I personally don't think the guy should get a dime of insurance coverage. There needs to be an "idiot clause" in the policy somewhere.

There you go. No wonder insurance rates are so high.

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And you appear to be the reason. It would be your negligence not his that resulted in the claim.

FlyingRon said:

If a live tree would fall across the property line, then yes he would not be liable. If a stading dead tree that he has not removed falls, he very well could be determined to be liable.



And you appear to be the reason. It would be your negligence not his that resulted in the claim.

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The guy is dumb enough to build next to a big dead pine tree, with other big pine trees right next to it, that have been there for all my life, and it's my fault? No way, no how.
There is no access for me to cut the tree without damaging fences on the other side of the tree, so if I fell the tree going away from the idiot's workshop, I'll crush my fences.
I wasn't going to cut the tree down before he built the workshop. Like someone said, these pines usually fall apart from the top down. Key word is "usually." If he wasn't smart enough to see the problem, I even told him before he started that he should take note of how close he was building to the trees. He chose to build anyway. He had plenty of real estate to move his workshop over a few feet. Not just out of range of the dead tree, but also out of range of the other trees that could die as well.

My insurance agent told me not to worry. The tree was there long before, and he will have no claim against me nor my insurance.

Same guy built his house. Laid it out under a power line. I saw it, told him. He said, no it's not. Guy is a moron... Lo and behold, they start construction and framing is going up and they realize, uh-oh, they're gonna hit the power line! So, the line had to be re-routed from a DIFFERENT ROAD resulting in 4 more power poles, hassles to other property owners, etc. all because this guy is a moron, even when the problem was pointed out to him. Literally all he had to do was move the house over about 8 feet! Who pays for these idiots? That's right, we all do.

Like I said, there needs to be an "idiot clause." If you build something right next to an obvious hazard, you shouldn't get a dime. Who knows, if his agent is the same is mine, he might not!

scorolo said:

The guy is dumb enough to build next to a big dead pine tree, with other big pine trees right next to it, that have been there for all my life, and it's my fault? No way, no how.

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Repeating the incorrect over and over doesn't make it correct.

There is no access for me to cut the tree without damaging fences on the other side of the tree, so if I fell the tree going away from the idiot's workshop, I'll crush my fences.

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Immaterial.

Like I said, there needs to be an "idiot clause." If you build something right next to an obvious hazard, you shouldn't get a dime. Who knows, if his agent is the same is mine, he might not![/QUOTE]
Believe what you want.
I'm just trying to help the original poster.

His shed should be covered by his Homeowner's Insurance. He should refer to his policy, as if it is a "makeshift shed" he may not even reach his deductible should the tree fall on it. Either way, you cannot be held responsible.