Storm damage courtesy

[JD3000]

Case law can be challenged on grounds of newer scientific data sure. In the case of a dead tree however...

 

[CanaryBoss]

What if they were not aware of it (or had plausible deniability)? Are you quoting case law?

Ignorance is no excuse for the law. It’s like telling a cop I didn’t know... and that’s no case law but I’ve seen it em go to court and play out that way.

 

[theatertech87]

Ignorance is no excuse for the law. It’s like telling a cop I didn’t know... and that’s no case law but I’ve seen it em go to court and play out that way.

I would assume that would fall under the "reasonable knowledge" type thing. That anyone should be able to know a dead tree is a hazard

 

[guymayor]

Ignorance is bliss! That's why it takes a certified letter to establish knowledge of a hazard.

You don't know the speed limit if it's not posted.

 

[CanaryBoss]

If it’s not posted, it’s automatically 30. You are responsible for your property. When hurricane Irma hit, my company did $60k plus a day in tree work for weeks. All of it was pulling trees off of houses. We have an arborist on staff, a public adjuster and an attorney on retainer. It sounds good, but it’s not true. If you have a dead tree rooted in your property in Florida and it falls on your neighbors house, your homeowners insurance will end up paying for it and you will be out your deductible.

 

[KevinS]

In Canada, well here in Ontario if your tree falls on your neighbours house their insurance pays for it since it’s on their house, not where it originally came from. There have been cases I’ve had to do arborist reports for that the insurance company went after the owners of the tree(S) if it was a big $ loss claim.

Side note to this point is there insurance may come after you if they can show neglect by the tree owner as far as duty of care goes. But if you take cake of your tree in a reasonable manner it should be ok

 

[CanaryBoss]

You are correct sir