Falling tree damage

[AARGH63]

What is the name of your state? NJ

I volunteer for a charity that will be building a house on a vacant lot with neighbors on both sides. A tree on our lot fell onto one of the neighbor's property damaging their fence and grill. I do not know what caused the tree to fall or whether or not it was diseased, dead or what ever. We have only owned the property for 4 months. My questions are these: 1) Are we responsible for the damage to the neighbor's property and, if so, do we pay the full replacement cost or some depreciated value? 2) Rather then approaching us first to resolve the issue the neighbor had an attorney do it. I'm very suspicious of that. Could we also be liable for attorney's fees? Before anyone asks, we're a 100% volunteer organization so no attorney to contact unless we're willing to pay.

Thank you!

 

[PayrollHRGuy]

2) There is nothing to be suspicious of. Many people let lawyers handle things like this. Since a lawyer is involved you are best to also use a lawyer. Does your organization not have any sort of liability insurance? Also, is your organization and incorporated entity or just a bunch of folks getting together to do something nice?

 

[xylene]

Do you have a estimate of damages? From the neighbor or their attorney?

Your own guestimate?
How posh is this spot?

Generally you gonna have to worry more about a rich person than a poor one, but not always. You think the neighbor sees some kinda lawsuit lottery because you're a charity?

 

[AARGH63]

2) There is nothing to be suspicious of. Many people let lawyers handle things like this. Since a lawyer is involved you are best to also use a lawyer. Does your organization not have any sort of liability insurance? Also, is your organization and incorporated entity or just a bunch of folks getting together to do something nice?

Yes, we're incorporated but not certain about the liability insurance but will find out tomorrow.

 

[PayrollHRGuy]

If you do have any sort of liability insurance then call them at once. If you don't you really need to stop building a house until you are insured.

 

[AARGH63]

Do you have a estimate of damages? From the neighbor or their attorney?

Your own guestimate?
How posh is this spot?

Generally you gonna have to worry more about a rich person than a poor one, but not always. You think the neighbor sees some kinda lawsuit lottery because you're a charity?

Based upon what was described probably between $300-$500 of actual damage. If we have to pony up for the lawyer then ?????? Posh? No, charities generally don't get land donations in posh areas. Homes in the area are generally under 1000 sf on postage-stamp lots.

 

[PayrollHRGuy]

If the neighbor is willing to take $500 I'd write him a check and have him sign a waiver.

I would then go and make sure I had liability insurance.

 

[NeilTheCop]

What is the name of your state? NJ

I volunteer for a charity that will be building a house on a vacant lot with neighbors on both sides. A tree on our lot fell onto one of the neighbor's property damaging their fence and grill. I do not know what caused the tree to fall or whether or not it was diseased, dead or what ever. We have only owned the property for 4 months. My questions are these: 1) Are we responsible for the damage to the neighbor's property and, if so, do we pay the full replacement cost or some depreciated value? 2) Rather then approaching us first to resolve the issue the neighbor had an attorney do it. I'm very suspicious of that. Could we also be liable for attorney's fees? Before anyone asks, we're a 100% volunteer organization so no attorney to contact unless we're willing to pay.

Thank you!

Make sure you keep the tree.
If someone had been hacking at it vs. it falling over because it simply died could make a lot of difference.
And as the neighbor has already got an attorney go get one yourself.