in iowa we had a tree fall due to wind sat it fell on neighbors trailer, who pays damages?

Get Legal Help Today

 Secured with SHA-256 Encryption

in iowa we had a tree fall due to wind sat it fell on neighbors trailer, who pays damages?

tree on our property fell Saturday due to high
winds, fell on neighbors trailer , who pays for
damages

Asked on October 23, 2018 under Real Estate Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You are only liable (or have to pay) if at fault. You would only be at fault--since you do not control the wind--if you ignored known or obvious risks. If there was any reason that you did or should have known this tree was a particular threat, such it was obviously sick, dying, dead, top heavy and liable to fall, etc. and you nonetheless failed to take reasonable steps (e.g. trimming it or cutting it down) to mitigate or reduce that risk, you could be liable; the failure to take reasonable steps in the face of a known threat is careless or negligent and makes you at fault. But if the tree seemed a perfectly normal, healthy tree, there was no reaons for you to take steps in regard to it; in this case, you did nothing wrong, were not at fault, and are not liable. In that event, he hopefully has his own insurance he can place a claim under.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption