Tree falls on car: Who's responsible?

[welland99]

I had a near-miss today. When I returned to my parked car, I discovered that a tall tree had blown over and landed on it:

Tree down in Malvern (From Malvern Gazette)

I did not know that this photo had been taken (and published) and when I got to the car it was already dark. This meant I could not clearly see if any damage had been caused. So, I knocked at the front door of the house from whose garden the tree had fallen in order to obtain the name and phone number of the owner, should it be necessary to make repairs and make a claim.

The owner of the property clearly thought that any damage caused to my car would be no fault of his, and that neither he, nor his house insurance policy would pay out.

This surprised me, as I expected the opposite.

An initial investigation under torch-light when i got home seems to show that no damage worth claiming for was caused, but this hypothetical question remains.

Would the owner of the property be liable for damage caused by his falling tree?

 

[markjay]

From The Guardian:

'If a tree from a neighbour's garden damages your home, the obvious thing is to claim on your neighbour's policy. But Malcolm Tarling at the ABI warns that it can be a long and protracted process, and that it will be quicker if you claim from your own insurer.'

 

[markjay]

Also this:

http://www.robertgerrard.com/2013/11/tree-will-insurance-cover-tree-removal-damage-repair-storm/

 

[davidjpowell]

From a long and distant law class.

You would normally claim against another party in this situation using the tort of Negligence.

To be liable there must have been some action taken incorrectly or not taken that should have, the damage must have been reasonably foreseeable, and their must have been loss.

If the tree was diseased and dying and the owner should have known about this, it's reasonably predictable that a high wind could topple it etc and there would be liability.

If it's a healthy tree that's simply been overcome by a ridiculous wind, then he may well be able to argue that he has not been negligent.

 

[welland99]

From a long and distant law class.
If it's a healthy tree that's simply been overcome by a ridiculous wind, then he may well be able to argue that he has not been negligent.

Why is the concept of negligence relevant? I mean in other scenarios, fault can be attributed without there being proven negligence. Accidents happen, and if any of my property was involved in causing damage to somebody else's, I would have thought that I would be liable.

 

[davidjpowell]

An accident that is purely an 'accident' without fault is rare. But if it does happen then there is no mechanism for the other party to have liability.

Morally your right. Legally maybe not so....

 

[m2287]

Your fault for parking under a tree ...

 

[renault12ts]

From a long and distant law class.

You would normally claim against another party in this situation using the tort of Negligence.

To be liable there must have been some action taken incorrectly or not taken that should have, the damage must have been reasonably foreseeable, and their must have been loss.

If the tree was diseased and dying and the owner should have known about this, it's reasonably predictable that a high wind could topple it etc and there would be liability.

If it's a healthy tree that's simply been overcome by a ridiculous wind, then he may well be able to argue that he has not been negligent.

In which case..."act of God" is oft quoted.

 

[Sp!ke]

Looking at the lack of greenery on the tree though it looks rather unhealthy (based on my lack of knowledge of trees that is)

 

[Druk]

In which case..."act of God" is oft quoted.

He needs to get his act together.

Dramatic picture: winds bring tree down on church (From Malvern Gazette)

 

[renault12ts]

Looking at the lack of greenery on the tree though it looks rather unhealthy (based on my lack of knowledge of trees that is)

Or, just suggesting...could be the winter causing the lack of leaves.

Though it looks like a pine of some sort. All pine trees grow needles on exposed areas...not areas covered by other trees, so the lack of cover could be because it was in a bunch.

 

[Sp!ke]

looks like a rather dead evergreen to me.

 

[renault12ts]

looks like a rather dead evergreen to me.

I amended my post...probably not dead since there is some green. But these trees are very shallow rooted, so it wouldn't take too much to uproot one.

 

[sssammm]

It is 100% the fault of the tree

 

[flango]

Almost impossible to prove negligence in these cases through the courts, unless its blatant negligence, most magistrates rule "act of god"

 

[welland99]

Your fault for parking under a tree ...

I wasn't under it when I parked

 

[NOMONEYBUTAMERC]

You need to get to the roots of the cause.If the tree is at fault , get the CPS to take the case to court for you (anonymously of course) , and you should have a good case. As long as its not a celebritree.

 

[markjay]

You need to get to the roots of the cause..

Indeed you should

 

[Dieselman]

Would the owner of the property be liable for damage caused by his falling tree?

Yes. It's what public liability insurance is for.

 

[John]

Indeed you should

I definitely wood.