Home damaged by a tree

Discussion in 'Use of the Law Forum & News' started by kseal, Feb 4, 2016.

  1. kseal

    kseal Law Topic Starter Guest

    We own a mobile home and rent the land it's on. A tree on the property fell and destroyed our home. Who is responsible for the damages and clean up? Thanksgiving!
     
  2. army judge

    army judge Super Moderator

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    A tree falling is normally considered an act of God.
    You can sue the landowner.
    A judge will decide if the landowner was at fault.
    Fault just doesn't fall like apples from a tree, or because I tell you that it's your fault and you must pay me $5,000.

    In the future, you might want to invest in renters insurance policy.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    I agree that a tree falling is generally an act of God but there could be an exception.

    If the tree was visibly decayed and an obvious hazard and the owner of the land knew or should have known of the hazard then the owner could be negligent and could be liable for the damage.

    Unfortunately, that's rare and hard to prove.

    I hope you had mobile home owner's insurance. If you didn't, then the loss is on you.
     
  4. Betty3

    Betty3 Super Moderator

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    Is this possibly covered in your "agreement" with the landlord? The landlord is not always responsible unless he/she knew the tree was in bad shape & did nothing about it. Other times the LL might be responsible if he/she is always responsible for taking care of the land/landscaping.