if you miss the deadline to file, you effectively lose the right to file a lawsuit at all any you would receive no compensation for your injuries. Suppose the tree shows no outward signs of disease or decay. By: Nicole Levy Kushner. If your insurer refuses to pay for these items you can be landed with fairly substantial repair costs. Storm damage should be covered by your home insurer. And because trees can cause so much damage when they fall, keeping an eye on both the trees on your property as well as those in your neighbor’s yard is an important part of keeping your home safe and free from storm damage. However, property owners owe a duty of care to neighbours to take reasonable steps to make sure that their trees are healthy and not liable to be blown over. Copyright 2020 Kellum Law Firm - All Rights Reserved. These would be signs of trouble with the tree. There are other cases where the owner of the tree (the owner of the land where the tree is planted) is responsible for property damage or even bodily injury despite a storm. An exception to this, attorney Steve Goldman with The Goldman Firm said, is if the tree is visibly diseased or damaged. Their motor insurer can then make a claim on your third-party liability in your buildings cover. In general, a neighbor will not be responsible for damage to your property caused by runoff from naturally occurring rain and land conditions. This may not be easy to prove, nor should it be. The entire west side of a house had windows broken in a hail storm. Water can into those areas of our home that are most vulnerable and causing the most mayhem possible. This is why it’s important to take stock of any damage that may have been done to your home after a storm. If you think you may have contributed to your injury or the insurance company is arguing that you did, please contact the attorneys at Kellum Law firm so we can help you understand your rights. The statute of limitations in North Carolina for property damage is three years. Generally you should look to your own insurance company to cover the costs of removing the tree and repairing the damage. Is it fun talking to your neighbor about who is responsible for a fallen tree? They must be reasonably expected to have known about the potential for danger and have taken no precautionary measures. When it uprooted, the roots pulled out some of the boundary fencing, which is their neigbour's responsibility, and the toppelled over fence post damaged the … Boats were knocked off their trailers at South Pier, roads were blocked with fallen trees and power lines came down in St Saviour as the storm, for which the highest storm warnings since 1999 were issued, raged. If an insured item is damaged by a casualty event (such as a hurricane), the association is responsible for its repair or replacement as a common expense of … Not being an arborist, the owner could not reasonably have foreseen this and accordingly is not liable for the damage. If the injury occurred due to someone else’s negligence, then you may have a path to receive compensation for the injuries. MORE : Tropical Storm Isaias Leaves Path Of Destruction In New York And New Jersey Apat, who works for Vishnick McGovern Milizio, LLP in Lake Success, said the private tree owner may be liable if they knew the tree was decaying, or there were outward signs of decay. Also, there are some insurance companies and agents who are far more experienced than others when it comes to hurricanes and storm damage, so be sure to check around and read online reviews. In fact this is a common misconception. Of course you should first consult with an Injury Attorney before making any decisions or judgements as to who you deem responsible. In most cases, if your neighbor’s tree or any part of it falls onto your property and causes damage through no fault of the neighbor (due to a snowstorm, winds, hurricane, or another so-called act of God), they are not responsible. How Will My Injuries Claim Be Impacted By The Outcome of A Criminal Case Against The Driver Of The Other Vehicle? Licensed in North Carolina. So, it must be quite obvious that the tree was dangerous or there must be documented proof showing it was brought to their attention. They can help you determine if it’s worth it to sue a neighbor for negligence or simply make a claim on your own policy. Hurricane Damage Caused by Flying Debris. North Carolina General Statutes section 1-52, When Your Child Is Injured In An Accident At School. We extend our sympathy to those in community titles schemes who are experiencing difficulties because of the storm. There is one exception, however. Clearly parts of North Carolina, particularly along the coastline, are at risk from hurricanes which can cause severe wind damage and flooding. Most property owners are not experts in the care of plants and trees. Generally speaking, if your property is damaged, you are responsible for the damages. Of course, as homeowners and lawyers, we care not whether a falling tree makes a ‘sound’; instead we are interested with who is responsible for the consequences and any remedial works. Where there is any confusion or ambiguity over who or what caused the damage or personal injury, it’s wise to speak with an experienced injury attorney asap. So regardless of whether you have two trees or 12 trees come down from the storm, you will receive only one payment from your insurance company, usually in the amount of $500. You're misuing the word "liable". The first thing to understand about personal injury law in North Carolina is that recovery can be barred by something called “contributory negligence.” This is a very strict law that takes into consideration the actions of both parties and their responsibility in causing the injury. With many homeowners now faced with the clear-up operation, who do they approach to cover the costs of repairs? For example, if your neighbor’s tree was diseased or the large limb that broke your fence was dead before the storm happened and should have been removed some time ago for reasons of safety, this may constitute negligence on the part of your neighbor and they may be liable for the cost of your property damage. The contractor caused the damage and was liable; the contractor’s insurance paid for the damage. Furthermore, landlords are responsible for damage arising from natural disasters. If you have homeowners insurance and a tree(s) falls on a covered dwelling (your home) or other structure, your insurance should cover the cost to remove the tree from the damaged … Similarly, if a tile blew from the roof of your property and caused damage to, for … Damage caused by flying debris is one of the major threats associated with a hurricane. When a tree is uprooted in a storm and damages your neighbour’s property it is unlikely you will be held liable unless your neighbour can prove that you have been negligent. For the past several decades, County and City governments have required private developers to construct roads and storm water systems, and then to hand off long-term management and maintenance of storm water drainage to private homeowners and condominium associations. Again, a common example is falling trees or tree limbs, which can be extremely dangerous and even fatal. This article isn’t intended to deal with the complexities of handling the aftermath of hurricanes and dealing with claims through FEMA, but there’s one important point to make – if a ‘mandatory evacuation’ notice is issued at state or federal level, and you choose not to follow the notice, your entitlements to compensation and financial support following the event might be negatively impacted. Understanding who is responsible for the damage can help you receive funds to cover the cost. If the dangerous tree or branches causes damage in a storm, then you may be liable. There are other cases where the owner of the tree (the owner of the land where the tree is planted) is responsible for property damage or even bodily injury despite a storm. The content on this website is provided for general information only. Blvd.Greenville, NC takes that shared responsibility to an extreme trouble with the clear-up,. The boat owner is responsible for the damages … Hurricane damage caused by storm. 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