Falling trees in my garden

Hoploz

A massive tree has fallen at the weekend luckily falling without causing damage to any other party's property. But it has got me thinking of all the What Ifs!

Is it right that if it had fallen the other way and landed on my neighbours house they would claim on their own insurance?

What if a branch fell and hurt (or worse) a friend's child when playing in my garden?

Clearly if we have left a tree obviously leaning precariously we would have been negligent. Could we be personally sued for damage?

If its an act of god I assume we cannot be liable for anything?

Also, do people have any sort of insurance policy which pays out for tree surgery following a storm? Just wondering as its looking like clearing this one from where it's leaning at the moment is going to cost an arm and a leg and while I know this is an occupational hazard of owning a woodland garden, I wonder whether there's a way to reduce the cost in such emergency situations. (Assuming this isn't normally covered on normal house insurance - yes I know - read the policy!)

Ebe_Scrooge

Hoploz wrote: »

A massive tree has fallen at the weekend luckily falling without causing damage to any other party's property. But it has got me thinking of all the What Ifs!

Is it right that if it had fallen the other way and landed on my neighbours house they would claim on their own insurance? Normally they would claim on your insurance - pretty much all household policies will cover damage to third parties.

What if a branch fell and hurt (or worse) a friend's child when playing in my garden?

Clearly if we have left a tree obviously leaning precariously we would have been negligent. Could we be personally sued for damage? Only if it could be proved that you knew the tree was dangerous beforehand and failed to do something about it. If you were sued, again your insurance would cover you.

If its an act of god I assume we cannot be liable for anything? This is usually the case - unless, as above, there is proof that you were aware beforehand of the danger. And it's difficult to prove this.

Also, do people have any sort of insurance policy which pays out for tree surgery following a storm? Just wondering as its looking like clearing this one from where it's leaning at the moment is going to cost an arm and a leg and while I know this is an occupational hazard of owning a woodland garden, I wonder whether there's a way to reduce the cost in such emergency situations. (Assuming this isn't normally covered on normal house insurance - yes I know - read the policy!) Not usually - unless you take out specific insurance for this. House insurance will usually cover any damage, but the cost of clearing up is down to you. Do any of your neighbours own a chainsaw and a woodburning stove ? They may be glad of some free wood, and be happy to come round and cut & collect it themselves ?

My thoughts above.

Silver-Surfer_2

Ebe_Scrooge wrote: »

My thoughts above.

Bit of a contradiction in your replies.

If he's not negligent and cannot be sued personally why should his insurance pay? The neighbour would claim off their own policy.

Ebe_Scrooge

Sorry, maybe it wasn't clear. What I meant was, you can only be sued if negligence can be proved - in which case your insurance would cover you. But it's unlikely that negligence can be proved.