ARE THEIR A LAW WHICH STATES NO FAULT,BECAUSE IT WAS AN ACT OF GOD,SUCH AS HIGH WIND ,WATER ETC..

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ARE THEIR A LAW WHICH STATES NO FAULT,BECAUSE IT WAS AN ACT OF GOD,SUCH AS HIGH WIND ,WATER ETC..

Asked on June 22, 2009 under Real Estate Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There simply isn't enough background in your question to give you much of an answer.  I'm not a Texas lawyer, and there are differences in this area of the law from one state to another.  For advice you can rely on, you'd need to get into the details with an attorney in your area.  One place to look for counsel is our website, http://attorneypages.com

In most cases, if something on your property causes or contributes to damage on someone else's property, you are liable only if there was a "nuisance" or you were negligent (careless).  One example might be a tree that was obviously dead and had been so for quite a while, that you didn't cut down;  the fact that it fell when a high wind came up doesn't change the fact that the damage it did was foreseeable, and you had a real chance to do the right thing and prevent that, but didn't.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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