[TowerTalk] Tower Down Due To Cindy Tell Ne What You Think (neighbor liability)

[JC Smith]

You may not even need to call a lawyer.  That could cost you the better part
of your settlement.  IF you want to go after the neighbor (and that's a big
if) and if your state has a reasonable small claims court limit, just take
it there.  Small claims courts are not so concerned with the letter of the
law as what is right and fair.  A few years ago a tree belonging to an
absentee-landlord neighbor was tearing up our driveway.  I won't bore you
with the details, but he was a total jerk about it.  The week after we put
in a new driveway a storm blew that tree over, on his house, and in the
process the root ball tore up the edge of our new driveway.  His insurance
company said "sorry, act of God."  We took him to small claims court and won
100% of the repair cost ($1800).  CA has a $5000 small claim limit.  Once he
lost in court I think (but don't know for sure) his insurance company
reimbursed him, probably less his deductible.

73 - JC, k0hps at amsat.org




-----Original Message-----
From: towertalk-bounces at contesting.com
[mailto:towertalk-bounces at contesting.com]On Behalf Of Joe Subich, W4TV
Sent: Thursday, July 14, 2005 3:29 PM
To: 'Reicher, James'; 'TowerTalk Post'
Subject: Re: [TowerTalk] Tower Down Due To Cindy Tell Ne What You Think



> I called our insurance agent who told me that our neighbor was not
> liable, since the storm was an Act of God.  Told us that we still
> had to pay the deductible, but if we worked it out right, we might
> be able to get the neighbors to pay it, even though they were not
> liable.


I think I would call a lawyer about that.  Act of God or not, your
neighbor could still be liable under the theory of negligence.  He
left an item outside, unsecured, that had the potential to become
a hazard.  A couple screw-in anchors and lengths of chain would
most likely have prevented the damage.

73,

   ... Joe, W4TV (ex K4IK)


_______________________________________________

See: http://www.mscomputer.com  for "Self Supporting Towers", "Wireless
Weather Stations", and lot's more.  Call Toll Free, 1-800-333-9041 with any
questions and ask for Sherman, W2FLA.

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