RE: Fallen tree in Neighbours Garden broken Garden Swing

PierremontQuaker03 · 14 February 2016 at 3:08PM

Hi,
couple of weeks ago when the weather was bad, the tree at the back of my garden snapped in two and it fell down and when into the neighbours garden and broke his garden swing.
I paid to get the broken tree removed and now the neighbour is asking about the garden swing, I said I will find a joiner to get it repaired as I dont want to particularly go thru the insurance.
He didnt seem too impressed, but the Wooden swing chair looks fairly old, so maybe a repair might make it look fairly bad.
Just wondering to keep neighbour relations I should just bite the bullet and go thru the insurance - we are talking over 200 for a new chair.
Just wondering whether it is worth it as it might effect my premium next year.

dacouch · 14 February 2016 at 3:11PM

Depending on the exact circumstances it may not be covered by your Insurers as you may not be legally liable.

Basically the law is the neighboor would need to prove you were negligent eg you the tree falling was reasonably foreseeable and / or you failed to take adequate measures to maintain and inspect the tree

Torry_Quine · 14 February 2016 at 3:12PM

If the tree was in good condition and not expected to fall but was the result of a severe storm then you are notinlaw liable and your insurance wouldn't pay out. So its down to how much you feel responsible.

RE: Fallen tree in Neighbours Garden broken Garden Swing

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