A branch of my tree fell in my neigbor's hot tub causing minor damage. Act of god?

[blau]

What is the name of your state? CA

Sorry if this is the wrong place to post this, but it seem to be the right place

I have a big tree in my yard. It was a healthy tree. I have absolutely not reason to believe that it was a hazzard. A few night ago, a branch of the tree fell in my neighbor's yard. Causing minor damage to his hot tub.

Am I liable for the damages to the hot tub? My thinking is no because the tree falling is an act of god. I had not reason to believe the tree was an hazzard. My neighbor never suggested to me the tree was unsafe.

My neighbor have not ask me to pay for the hot tub. But he told me that he called his insurance and said they may call me.

P.S. I did remove the branch from his yard and clean his yard.

 

[moburkes]

What is the name of your state? CA

Sorry if this is the wrong place to post this, but it seem to be the right place

I have a big tree in my yard. It was a healthy tree. I have absolutely not reason to believe that it was a hazzard. A few night ago, a branch of the tree fell in my neighbor's yard. Causing minor damage to his hot tub.

Am I liable for the damages to the hot tub? My thinking is no because the tree falling is an act of god. I had not reason to believe the tree was an hazzard. My neighbor never suggested to me the tree was unsafe.

My neighbor have not ask me to pay for the hot tub. But he told me that he called his insurance and said they may call me.

P.S. I did remove the branch from his yard and clean his yard.

Yep.

 

[rmet4nzkx]

Just because you believe the tree to be sound doesn't mean it is sound. Just because your neighbor didn't question whether the tree was sound doesn't matter because they referred the claim to their insurance company. How recently did you have it inspected? What type of tree? Are there any CCNR's re maintenance of tree's? Also your conduct in removing the limb and cleaning the yard may estop you from claiming an act of God.

 

[blau]

Just because you believe the tree to be sound doesn't mean it is sound. Just because your neighbor didn't question whether the tree was sound doesn't matter because they referred the claim to their insurance company. How recently did you have it inspected? What type of tree? Are there any CCNR's re maintenance of tree's? Also your conduct in removing the limb and cleaning the yard may estop you from claiming an act of God.

Yes, Just becasue I believe the tree is sound does not mean it is sound. But I have no reason to believe it to be unsound. But don't they have the burden of the proff to show the tree is unsound and reasonable person would have known it to be unsound.

Once the tree branch have fallen it became a hazzard, at that point I may be liable if I don't clean up the tree. It should have not any bearing on liability. It is like you were driving and your hit from behind and you push you car out of traffic and clean the broken glass from the road so it would not be a hazzard to anyone else. Just becasue you address a hazzard that does not make you liable.

 

[moburkes]

Yes, Just becasue I believe the tree is sound does not mean it is sound. But I have no reason to believe it to be unsound. But don't they have the burden of the proff to show the tree is unsound and reasonable person would have known it to be unsound.

Once the tree branch have fallen it became a hazzard, at that point I may be liable if I don't clean up the tree. It should have not any bearing on liability. It is like you were driving and your hit from behind and you push you car out of traffic and clean the broken glass from the road so it would not be a hazzard to anyone else. Just becasue you address a hazzard that does not make you liable.

But since YOU cleaned it up, you were showing that you assumed that it was your responsibility.

 

[blau]

But since YOU cleaned it up, you were showing that you assumed that it was your responsibility.

No because it could be a hazzard. And I was doing the good neighbor thing. Again my example. You were driving and hit from behind in an accident. After the accident you push the car out of the way and remove the broken glass and on top of that you push the car that crash you out of the way too. That does not make you now responsible for the accident does it?

 

[moburkes]

No because it could be a hazzard. And I was doing the good neighbor thing. Again my example. You were driving and hit from behind in an accident. After the accident you push the car out of the way and remove the broken glass and on top of that you push the car that crash you out of the way too. That does not make you now responsible for the accident does it?

Nope, in the case of an auto accident, you are usually required by law to move your vehicles as quickly and as safely as possible to the side of the road.

I don't clean up my neighbor's yard on GP.

 

[blau]

Nope, in the case of an auto accident, you are usually required by law to move your vehicles as quickly and as safely as possible to the side of the road.

I don't clean up my neighbor's yard on GP.

O.k. You don't. And if you get in a car accident do check the law for that area to make sure that your are require by law to move your vehical out of the way because you are afraid to be liable?

There are two issues here. Before the branch fall do I have any obligations? If the tree is sound and I have no reson to believe so then I am not obligated for any damages cause by the tree falling? My answer tree fell because of an act of God so I am no liable.

Then the other question. After the tree falls and is causing a hazzard. Do I have a obligation to clean the tree so it does not cause any ADDITIONAL damages. My answer is I don't know but I was not about to find out.

know, if I cause additional damage caused by my neglect during the cleaning then I may be liable.

Anyone else want to comment on this.

thanks

 

[tigger22472]

Speak to a representative of your homeowners policy and go from there.

 

[racer72]

I speak from experience, the OP should not be liable for the damage. A large branch came off a tree in my yard on a moderately breezy day. Said branch struck my neighbor's house damaging the roof and gutter. I was called at work by my wife telling me what happened and that the neighbor was calling a lawyer to see if I was liable. By the time I got home a few hours later, an agent for the neighbor's insurance company was at his house looking at the damage. The agent was called on advice of the attorney called by the neighbor. The first thing the agent did was relieve me of any liability for the damage and also instructed my neighbor to retrieve the tree branch from my back yard where he had tossed it.

A few weeks after the incident, I received a letter from the attorney, he had reviewed the incident and based on the fact that my neighbor did not make notice of any potential hazards due to the trees in my yard, he would not be seeking any damages from me and/or my homeowner's insurance company. I waited till this time to notify my insurance company and she agreed with both the other insurance agent and the attorney. She also indicated her company would have denied any claims and would have defended my in court if necessary. Based on my experience, the OP should not be held liable for an incident in which no cause of negligence can be proven.

 

[PghREA]

I think it very nice of you to clean up tree branch in your neighbor's yard. I would have done that too. It doesn't mean that you have taken responsibility for the accident/act of God.

Your neighbor has contacted his homeowner's insurance company and you also have homeowner's insurance. Let the two companies work it out. There is no need to create a mountain out of a molehill. Things happen and that is why we carry insurance.

 

[rmet4nzkx]

I speak from experience, the OP should not be liable for the damage. A large branch came off a tree in my yard on a moderately breezy day. Said branch struck my neighbor's house damaging the roof and gutter. I was called at work by my wife telling me what happened and that the neighbor was calling a lawyer to see if I was liable. By the time I got home a few hours later, an agent for the neighbor's insurance company was at his house looking at the damage. The agent was called on advice of the attorney called by the neighbor. The first thing the agent did was relieve me of any liability for the damage and also instructed my neighbor to retrieve the tree branch from my back yard where he had tossed it.

A few weeks after the incident, I received a letter from the attorney, he had reviewed the incident and based on the fact that my neighbor did not make notice of any potential hazards due to the trees in my yard, he would not be seeking any damages from me and/or my homeowner's insurance company. I waited till this time to notify my insurance company and she agreed with both the other insurance agent and the attorney. She also indicated her company would have denied any claims and would have defended my in court if necessary. Based on my experience, the OP should not be held liable for an incident in which no cause of negligence can be proven.

Your example is in Washington State, not California and the parties called their insurance and you had not effectively admitted responsibility.

Under
CALIFORNIA CODES
EVIDENCE CODE
SECTION 623

623. Whenever a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he is not, in any litigation arising out of such statement or conduct, permitted to contradict it.


It is for this reason that I asked the questions which OP didn't answer. HIS actions were an admission of responsibility for which his insurance should take responsibility, that is why I asked if the tree had been inspected, the type of tree as many trees are protected, and these could be mitigating factors.

 

[fairisfair]

and when is the last time you had your trees inspected???

OMG where is IAAL when you need him??? Picking up the tree branch was in no way an indication of your liability, any more than helping someone to their feet would indicate that you pushed them down in the first place.

 

[NotSoNew]

i have all the trees in my yard inspected every year! doesnt everyone???

 

[blau]

Your example is in Washington State, not California and the parties called their insurance and you had not effectively admitted responsibility.

Under
CALIFORNIA CODES
EVIDENCE CODE
SECTION 623

623. Whenever a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he is not, in any litigation arising out of such statement or conduct, permitted to contradict it.


It is for this reason that I asked the questions which OP didn't answer. HIS actions were an admission of responsibility for which his insurance should take responsibility, that is why I asked if the tree had been inspected, the type of tree as many trees are protected, and these could be mitigating factors.

O.k. How does cleaning up "intentionally and deliberately lead another to believe" that I am liable. There is many reasonable explanation one offered to clean up, to most reasonble is to prevent an ongoing hazzard which I may or maynot be liable or jointly liable with my neighbor, the other good will (although I may be totally right under the law, I don't want a war with neighbor).

The language of intentionally and deliberately seem to suggest a total misrepresention of the facts. I think it is going to hard to prove that I intentionally and deliberately lead them to believe I was liable. Do you have an example of how this law was applied.

I guess you can steatch it to say I assumed responsibility for the clean up, but that is different from responsibility for the damages to the hot tub. So, I guess I can't bill them for the clean up, dam!

The question about the tree inspection? The answer rountinely I would inspect this tree. And this tree show not signof problems. The branch in question had growing leaves everywhere. When the branch was chop down it was solid as it get. I don't know the type of trees. There are two other trees on the other side of the property that were dying and I chop them down myself before it because a hazzard. If you are going to say I need a professional inspection then the question goes to forseeability. Then the question goes to should a reasonable person forsee this as a hazzard and acted different.