Posted by kyhayman on September 03, 2009 at 23:31:21 from (75.105.0.38):
In Reply to: OT Who is responsible posted by bobohio on September 03, 2009 at 15:35:39:
Check with your attorney or your farm owners liability carrier. They have the exposure if there is damage and you are at fault, or if you are not at fault and get sued anyway. You can be right and still have a lot of headaches but if it was me, here, under Kentucky laws, I'd ignore them. What the ins adjuster I live with tells me is limbs on their side of the line are theirs and up to them to deal with. When she gets claims on this kind of stuff, and she gets them daily, she sends them a polite T.S. letter and a copy of the statute. Only once has their been a suit and that was when a limb off a dead tree fell onto the highway in a windstorm. Took 10 years and a trip through the court of appeals but ultimately the land owner prevailed. Didnt cost him anything but time, ins company spent right at 250K defending him though.
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