What too do if a company truck hit a city tree on the sidewalk on the side of my house causing damage and creating a safety hazard?

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What too do if a company truck hit a city tree on the sidewalk on the side of my house causing damage and creating a safety hazard?

I had had a cement sidewalk on the side of tree. When tree got hit it came down and sent the sidewalk in the air breaking it in half and dislodging it from ground in which now is a safety hazard. I called the company but it said it’s insurance doesn’t feel that it is responsible for the damage because the tree was rotted and the city should be responsible. I called the city and it said that if tree wasn’t hit it would not have caused damage. I have a video of the accident.

Asked on May 17, 2014 under Accident Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You may wish to sue both the company and the city: one of them is responsible (or possibly both, in part) and it's not your job to figure that out for them. You can sue both, then let them fight it out in court to determine which is responsible for how much. If you are going to do this, do it soon, and be careful: there are shorter time frames and special paperwork/notice requirements involved in suing the government, and if you don't comply, your suit vs. the city will be dismissed.


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