Talk of The Villages Florida - View Single Post - If a tree in your yard is dying and may fall on your neighbor's dock?
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Old 11-30-2021, 10:32 AM
kkingston57 kkingston57 is offline
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Quote:
Originally Posted by RedFoxRick View Post
We lost two trees in two situations. According to the insurance company, if the tree was healthy and struck by lightening or blown down - act of god - so you are not liable. If the tree is unhealthy and not addressed and falls on your neighbor's property - you are liable.
Was in the insurance adjusting business and agree with most of your thoughts. Many people use the term "act of god". Will not find that term in the law. Over the years people have used it to refer to weather events.

In our litigious society if the tree hit a person and killed/badly injured that person you can or should expect that the person will try to find blame on the tree owner. There are a lot of "paid experts" out there who will make an arguement that the tree was likely to fall or the owner of tree knew or should have known that it could fall. If something did happen, if you have a Homeowners policy with liability insurance. they would respond to any claim and/or lawsuit.