Used Bobcat Construction Equipment
Do I have a case of negligence against my neighbor for his tree falling in my yard?
My neighbor’s 80′ tree fell onto my property destroying 2 cars, a 40′ tree, a shed full of equipment, part of my fence & part of my roof. My insurance will pay for most of the costs, but not for my old truck (no comp/collision) or my 40′ tree. My insurance said I must get the money from my neighbor’s insurance.
Here are some facts: My neighbor has had construction going on in his backyard for 5 months. He had a 60′ tree cut down and the stump ground up that was planted next to the tree that fell. He had a fence constructed near the trees and the roots were cut to make way for the fence. He had tons concrete and dirt removed with a bobcat that used a pathway over the roots of the trees. People trapsed over the roots day in and day out and they dug trenches to reroute pipes to yard where the trees are.
Do I have a case for negligence? All I want is the cost of the truck, tree and any out of pocket expenses I incur (<$5000). My neighbor insists he is not culpable.
What caused the tree to fall over?
Was the tree dead/dying?
Did the tree come up by the roots or did the trunk break?
How big is the root ball that came up?
Where was the construction in relationship to the tree?
You have not provided enough information.
If a healthy tree comes down then generally you are not responsible for what the tree lands on.
People “traipsed over the roots day in and day out” is not likely to cause the tree to fall down. You’re stretching it with that one.
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