Is my neighbor responsible for damages as a result of his DEAD tree falling on my home during storm.?
98178
Yes, he is responsible
927843
You won't need to sue your father.\n\nHis homeowner's insurance will not pay for the vehicle damage.  All damage to all vehicles are specifically excluded from homeowner's policies.\nIf you have comprehensive coverage on your car, then your auto insurance policy will pay the claim and if the fire was negligent your insurer may file a subrogation claim on the liability portion of your father's home owner's policy.\nIf you had personal property inside the vehicle, then your own home owner's policy will pay up to the policy limits for those items like clothes, CDs, household items that you may have had in your car while it was in your dad's garage.\n\nA big word of caution though.  PLEASE be patient with the insurers you make claims with.  This is a bit of an unusual event with some odd circumstances and they'll need to thoroughly investigate.
1171052
Provided you do not kill the tree, you may cut the branch off, to the property line. Your nickel. She has no responsibility to reimburse you.\n\nDon't pay attention to the fool who advises you it is your neighbours responsibility. That person is nuts!
648579
Your husband has a good chance of going for a night or two and maybe having a hefty fine too.  It doesn't matter that your husband was hit with a rock first, it is still assault because self defense can not be claimed if you retaliate with more force than is necessary to defend yourself.  Your neighbor will face legal action too though.  If you and your neighbor mutually agree to drop charges then you will both walk away with no action, but chances are that he won't drop charges if you and your husband are wishing to press charges against him... it is a sad fact of how our legal system works.  I can honestly say I would have done the same thing in your husband's shoes, but I'm sorry to bring you this unfortunate reality.
196299
Depends how Influential he is in the County/State. IF, he an Honest man then you may possibly sue him in a court of law. BUT, considering he MAY (Heee Heee) have buried toxic waste in your soil, he most likely not an Honest man, which means he have friends in high places, so, you may waste your money trying to sue him. The courts against you. BUT, if you have some amount of evidence you could go over the Heads of the Locals and go to a Federal Agency; EPA, FBI. Be careful about these even in your own State, go outside the State for help. IF, they live in the State, they may very well play golf with the builder. ;-)  Think!!!! What I say is very true, most people will NEVER realize it, until you butt heads with these Communists. Remember, they have unlimited taxpayer resources to THEIR advantage.
513954
i used to see this old man with an axe in our back yard all the time, especially at night. i'd tell my dad and he'd look but after a few nights of not seeing him my dad thought i was being silly and ignored it. One day the neighbor heard us talking about it and told my dad that the last occupants' grandfather had died cutting down and old tree in the back, the tree had fallen on him and the stump had never been removed. My brother and i never played near that stump ever again.
704602
A medical emergency should be covered on their home-owner's insurance policy.  Talk with them about making a claim against their insurance.  Failing that, I believe your only recourse would be to check with your state about the legal limits for "small claims court" and/or hiring a lawyer.
1129212
If the super came and inspected your bathroom and did not take any action, I do not think that you can be held responsible. Are you a renter? If so, the damage is the landlord's responsibility. If you live in a condo, either the association or your condo owner's insurance should cover any damages.
987363
He was outside the house when it got hit.
99064
If the tree is dead and the branches are falling off and the person could have expected that the tree would fall then they are responsible for the damage, otherwise they are not responsible.
39092
Ouch.  His insurance will not cover this unless you sue.  Then it would fall on his liability coverage.  Condo insurance is pretty cheap.  Even if you are not interested in covering your personal property, you should have coverage for the condo itself plus liability coverage and loss accessments.
808146
In most places, you are.  I went through this before.  check my question titled "Should I cut this tree down?" and the answers I received.  Here is the answer I chose as "B.A.":\n\n Best Answer - Chosen By You\n\nYour neighbor has a legal right to remove anything growing over his property line and can come after you for compensation. If it would kill the tree, it's probably best to cut it down. Here is a good website to read about property rights pertaining to trees:\n\nhttp://www.lgc.state.pa.us/deskbook03/is...\n\nAdditionally, there is a book that you can read called Neighbor Law (Cora Jordan, Nolo Press, 1994)\n\nBest of luck to you for a good outcome.
461512
You don't really give enough information. How was the house nearly fatal? Was it the person's fault it was nearly fatal, or was it simply a freak accident? Would a reasonable person expect the person's actions to harm you?
1013312
First off, I'd like to extend my premature condolences and am sorry that you're even going thru this. \n\n       Talk to your father and see if you and him can put your head together and consider legal action. I'm not saying sue. There's no one to sue, not until you get a case. There should be an investigation with this place. Take it from there, but also.....\n\n        On the other hand, my father's in the medical field and 1 day before my grandmother passed on last November she was doing fine for a couple of days after having complications. She was talking like her usual self until she slipped into a coma of sorts... My father termed that "the calm before the storm" and that he had seen that all the time at his hospital. He has been dealing with patients for almost 30 years now, so I definitely take incentive in that. This is likely what it was....she was doing ok for a time following her malady, but whatever was the underlying cause of her condition went in and took over even when she appeared to be up and around. It's a sad and confusing part of death. Apparently, it's also common.
924353
You should be able to find the owner through the courthouse. Also, if it's close enough to the road, it may be on city property, and the city would be responsible. Check to see how far off the road is city property. Here, it's 25 feet from the center of the road. The city came and removed a nuisance tree from "my" property by my pointing that out to them.
150651
Because the neighbor didn't shovel the snow?!...Well knowing that it's slippery &(maybe snowing) why would you be running...you would have to incur some responsibility for your own actions.  So I say no don't sue.
773484
The person who ownes the property is responsible.  Keep following up and ask your insurance company if they can intervein.  The home ownership should be public record, so check with your county or city for the records.   You should send REGISTERED mail to the owner explaining the situation and get a few repair estimates to send along.  (make copies).  Take em to small claims court if no reply.  Make sure you have plenty of pictures.  You may also want to report the situation to the city administrator indicating it's a hazard to people as well as vehicles.  What if kids were playing around there and got cut!\nGood luck to you.