If the tree was specified to be retained, the builder violated ANSI A-300 Part 5: Tree, Shrub, and other Woody Plant Maintenance-Standard Practices (Management of Trees and Shrubs During Site Planning, Site Development, and Construction).
There may be an actionable cause against them to...
I'm going to divert away from the cool side to the careful side. Do be careful to outfit fire extinguishers near every door. Also, in an abundance of caution, it's a good idea to put a purpose designed protective screen between the drivers and passengers seats, and the cargo area. Remember...
It sounds as though you may be suffering from the effects of Proximity Heuristic, which basically means that your brain weights an occurrence which you can vividly imagine, as being more likely. This is why people tend to have an outgrown fear of plane crashes and of trees falling on them...
When one allows their ego to tell them that their bragging rights are more important than the well being of a heritage life form....well, I've seen that applied to giants along the Pacific coast....even in here. I know a bird owner who felt entirely entitled to drive their jet ski into an...
I think the presumed guest count, if correct, is a double edged sword and perhaps a bit sharper on one side than the other. While it can speak to the occupancy rate of the road accessing the property, it will also be used effectively by defense to demonstrate ongoing due diligence by showing...
I was considering the notion of two automobiles passing under the same tree every second. So, as I'm sure the defense would do, I reviewed that video clip with a stopwatch and found that the interval recorded was a lot closer to three seconds, than one. Further, if you look beyond the tree in...
It is generally accepted that people choosing to go into remote areas, even those with public and private access, take a great deal of responsibility for what might happen to them out in the boonies. Most people go to back country areas specifically to avail themselves of unaltered nature...
Actually nobody wins a settlement. A settlement is negotiated both as an expedient way to settle the matter with minimal expenses, and because neither side wants to run the risk of a court ruling favoring the opposition. That's the reason why nearly all tort cases result in settlements. How...
Seems the plaintiff's attorney wants to try this in the court of public opinion, if they're behind her making public statements to the media like this. The vast majority of tort cases like this are settled rather than tried. It's going to come down to a battle of experts.
Arborists and tree owners have a duty of care to keep trees in their care acceptably safe. On the other hand, when I open my eyes in the morning and start pulling the covers off....I begin a day-long episode of assuming certain risks to life and limb as I go about my business. If I don't wish...
My work around is to stick to smaller profile iPhones like the SE series, although I’ve upgraded to the 13pro recently so that I can play with Lidar. I try to get a phone that’s small enough so that when the two layers of Otterbox Defender encase it, it will still fit comfortably in a pocket...
I tried Life Proof, but found it to be more “Sound Proof” than anything. Having to uncase the phone all the time in order to talk and be heard, and to hear the party I was talking to, sent me right back to Otterbox Defender series.