Pines

[EastwoodGang4]

Howdy all. I have 4 pines (approx 50-60 feet not sure the species) that could very easily take out my neighbor's electric service, phone and cable tv in the event of a bad storm. in a recent wind storm the majority of trees uprooted were of course tall pines similar to mine. my question is who's responsible to pay for repairs if this happens? my neighbor or me?? I am not willing to drop the trees to "prevent" this from happening. Should i carry some sort of clause in my homeowner's insurance policy for this?? Or should I let him worry about contacting the power company for these issues (similar to another thread)?

 

[treeseer]

"4 pines could very easily take out my neighbor's electric service, phone and cable tv in the event of a bad storm. .. who's responsible to pay for repairs if this happens? my neighbor or me??"

Neither. The utilities pay for repairs.

'I am not willing to drop the trees to "prevent" this from happening. Should i carry some sort of clause in my homeowner's insurance policy for this??"

You are right. The trees should not be dropped unless they have severe defects that cannot be fixed in other ways. There are clauses that absolve both you and the insurance company from liability.

"Or should I let him worry about contacting the power company for these issues"

Or not; up to them. Their fears will wane once the memory of the last storm subsides. If they demand the removal of the trees, they should pay for both removal AND replacement value, to make you whole for the loss of the trees.

Next Wednesday in Columbus there will be a talk on Tree Risk Assessment, here; http://www.onla.org/07ShortCourse.pdf

TREE RISK MANAGEMENT

After the risk of tree failure and the risk of that failure to people and property are assessed, ways of managing the risk must be discussed. The arborist describes for the owner all the reasonable ways of lowering that risk to a level that the owner is willing to accept. At this point, tree risk assessment transitions into tree risk management. The answer may be as simple as removing a dead branch or reducing a sprawling limb. It is essential to consider the long-range effects of the complete removal of living limbs and trees. Pruning, cabling and other arboricultural treatments are not perfect or zero-maintenance solutions, but neither is removal. Without the support provided by the missing tree or limb, adjacent trees and limbs will be on the “edge”, newly exposed to the forces of nature. Some of these forces are as subtle as sunshine, which can kill bark by scalding. The balance of the tree or grove will be altered, and they will react to stresses in new and possibly unanticipated ways. Removing large limbs also can result in the decay and failure of the parent branch or stem. Arborists sometimes automatically recommend removal in the hopes of protecting themselves from liability, but in fact, removal of trees and limbs can lead to an unanticipated increase in risk and liability.

Since some decay can be compartmentalized by a tree with adequate resources, the risk from decay may be lowered over time by managing the soil to increase those resources. Mulching, fertilizing, inoculating with microorganisms, and irrigating can encourage new root growth and increase the tree’s vitality and resources to resist decay.

 

[(WLL)]

not a big deal

its good to think ahead but in most situations like this its very unlikely he will lose power. most of the time the wire just pulls out of the wall but the phone and cable do get severed. no way would i remove good healthy trees for this reason!!! if the trees are on your property you are responsible for the mess but in most cases the insurance company will take care of the problem if the trees are in good healthy condition and are not found to be neglected or a hazard of some sort. it could not hurt to call your ins co and ask questions. if the trees are healthy and are blown over it would be an act of god. dont worry about it its just a few low powered wires and not some thing more serious right? if this does happen do not touch and have the pro's handle it. dont even go near it wet grass live wires bad combo. call the power co. they will fix the wire problem and make it safe then call the ins co for advise

 

[JUDGE1162]

Check with your state but in most cases and most state trees falling are considered acts of god and are the responsibility of the person that it falls on. Case in point a tree (not on my property) fell on to my property (lucky no real damage) but it did block my driveway, I had to remove the tree at my expense even though it was not my tree.


Only hiccup to the whole act of god defense, is if the tree is in bad shape and you can reasonable expect it to fall or if you do something to cause it to fall (i.e. try to cut it down and it falls on your neighbor's house) then that is another issue called negligence, which you can be held responsible for.


Here is the issue in your case and a refection of the sad state of the USA legal system, now that your neighbor has said something to you are on notice and god forbid the trees does fall they will say we told you those trees were unsafe and asked you to remove them, you did not and now I suffered these loses. This now becomes a case were you have to defend yourself and your actions or lack of action in this case (not really the way it should work, they should have to prove the tree was bad, not you prove the tree was good, but that is the difference between what should be and what is)

I think the advice above is good if they are worried tell them they can have the trees professional removed at their expense and also pay the replacement cost of a mature tree. This will cover you legally a little bit, this way you can say you were willing to address the issue but when they balk at the expense you can say, see they thought the trees were fine and safe or they would have, had removed them. And if they do go for it replace the trees with smaller mature trees and pocket the extra money.

 

[Kneejerk Bombas]

its good to think ahead but in most situations like this its very unlikely he will lose power. most of the time the wire just pulls out of the wall but the phone and cable do get severed. no way would i remove good healthy trees for this reason!!! if the trees are on your property you are responsible for the mess but in most cases the insurance company will take care of the problem if the trees are in good healthy condition and are not found to be neglected or a hazard of some sort. it could not hurt to call your ins co and ask questions. if the trees are healthy and are blown over it would be an act of god. dont worry about it its just a few low powered wires and not some thing more serious right? if this does happen do not touch and have the pro's handle it. dont even go near it wet grass live wires bad combo. call the power co. they will fix the wire problem and make it safe then call the ins co for advise

If they are your healthy trees and are blown onto the neighbors side, the trees become the neighbors problem, from the property line over.
His homeowners insurance should pay for damages, and even pay to clean it up if it falls on a structure, like a house, a fence, or a swing set.
I don't know who owns the wood and brush from the wood.

Imagine your car getting blown into a neighbors house by a tornado. You'd still own the car, but you wouldn't be responsible for damages. It also wouldn't be up to you to pull the car out of his house, his insurance would do that.
Now if the car was broken and didn't stay in park, you knew it, and it rolled into the neighbor's house, then you'd be liable. But even then, he would hire the clean-up on his property, you'd just pay the bills.

 

[EastwoodGang4]

Thanks

Hey guys thanks for all the advice. I agree with what everyone is saying about the liabilities and such. the trees are healthy and sound trees, so the negligence issue shouldn't be a problem and the neighbors haven't ever expressed any concern to me as of yet. So I guess I won't worry about it any further. thanks for all the input and advice!

 

[toscottm]

Tree Damage: Legal Responsibility

Neither. The utilities pay for repairs.

Treeseer,

Your response is very concerning and so was the question!

Why Eastwood is asking arborists for legal and insurance interpretations I don't know. His insurance broker should be the one receiving the question and responding to something so potentially serious.

Those responding with dialogue relating to 'negligence' are on the right track. However, as is often pointed out in various posts on this site, don't misinterpret your own views as being absolute. The concept of 'negligence' is always based on the test of one's behaviour in the particular circumstances of the case at hand and if someone (neighbour, utility, the neighbour's insurance company, etc.) launches a lawsuit, the case must be defended in court. There is no 'clauses' that stop someone from suing. Only evidence that can win a suit (i.e. testimony from a qualified arborist that the tree was in good health and would not have been an apparent hazard, etc.).

It is pleasing to see arborists discussing risk issues, sharing thoughts and ideas but sometimes I shudder at 'advice' given in a manner that projects a level of absolute thinking. Potential circumstances are virtually endless with no two situations always exactly the same.

Respectfully,

Scott

 

[toscottm]

Law & Insurance: Qualified Experts

Hey guys thanks for all the advice. I agree with what everyone is saying about the liabilities and such. So I guess I won't worry about it any further. thanks for all the input and advice!

Eastwood,

It is good to be thinking about the issues you mention and interesting to get thoughts and ideas from others. Hopefully it even inspires them to consider their own risks a bit deeper. However, the 'legal' part of your question should be answered by a lawyer and the 'insurance' part of your question should be answered by an insurance broker both of whom should be licensed to practice in your state.

Scott

 

[Husky137]

trees are bad, cut them all down.

 

[PA Plumber]

trees are bad, cut them all down.

Let's see:
1. It wasn't a blanket statement, no generalities
2. Not forward or forcefull in any way
3. Statement is sensitive to the feelings of others
4. Not argumentative
5. Takes both sides of the issue and gives fair judgement to both sides

Statement looks fairly levelheaded and inoffensive! :sword:

 

[Husky137]

just trying to cover all the bases.:hmm3grin2orange: