Posted by Mike (WA) on April 20, 2011 at 08:54:44 from (69.10.196.29):
In Reply to: What do I look for? posted by NCWayne on April 19, 2011 at 19:12:22:
There are two types of "law" in this country- statutes, and "common law." Some areas of law, such as criminal law and taxes, are governed by statutes exclusively (or nearly so); others, such as negligence, have virtually no statutory law.
Common law is also known as "case law". It is developed through appellate decisions which apply existing case law to the facts of the present case. Lawyer A will argue "Smith v. Jones applies here, because. . .", to which Lawyer B will reply, "No, Smith v. Jones does not apply because . . ., and instead, Mergatroid v. Fenstermaker applies because. . .". Out of all this, a "body" of law will develope.
So the bad news, you need legal advice to decide who is liable. The good news is, you get it FREE when you submit the claim to your insurance company. If the damage is substantial enough that you need your (or their) insurance to cover it, DO NOT hire your own lawyer, as it could void your insurance coverage- insurance companies want to use their own lawyers, not yours. Simply submit the claim for your damages to your insurance company, and believe me, if the other guy is liable, the two insurance companies will fight it out, and you'll end up with a check from somebody.
Someone below said "don't submit it to insurance"- that's only good advice if the damage is small enough that you can pay for it yourself, no matter which way it goes, and would prefer to, so as not to increase your rates. If that is the case, you might want to get an office consult to try to determing liability.
BTW, I think you've got it right- live tree going over in a windstorm is not negligent, but failing to take down a dead one is. And there is no liability without negligence, in this type of case.
Your results may vary, there is no parking in a red zone.
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