Neighbors Tree Damage Claim

Summary

If a neighbors tree damages your property, focus on proving negligence and prior knowledge of the trees condition. Document communications, gather evidence, and seek witness statements. Consider consulting a lawyer, especially if the court recommends it. Review local laws on tree maintenance and liability.

Full Conversation

Poppy. I do not have house insurance and my neighbor's rotten * foot tree fell on my house and garden. I filed with small claims. Would like help getting some questions for witness statement.
Hey Poppy! Here are a few questions you might consider for your witness statement:
*. Can you describe the condition of the tree before it fell?
*. Did you ever discuss the condition of the tree with your neighbor?
*. Were there any previous warnings or incidents involving this tree?
*. Can you describe the damage caused by the tree in detail?
*. Have there been any similar incidents in the neighborhood?
These questions should help gather useful information for your case. If you have more specific details, feel free to share!
Tree has no bark dead branches and rotten since I moved here in *. Asked to cut down? They said yes but cut wrong tree and refused to do anymore. I got a letter from some 3rd party claiming I cant make a claim against their insurance act of god was a windstorm.
In your situation, it's important to focus on establishing negligence and prior knowledge of the tree's condition. Here are a few things to consider:
- Document any prior communication with your neighbor regarding the tree.
- Gather evidence or testimonies from other neighbors about the tree's state.
- Highlight any previous requests made for the tree's removal.
These points can strengthen your position in small claims court. Would you like assistance with anything else?
Yes more question to ask?
Certainly! Here are additional questions you might consider for your witness statement:
*. Were there any visible signs of decay or damage to the tree that were noticeable to others?
*. Did any professional arborists or tree specialists assess the tree before it fell?
*. Can any neighbors confirm your discussions with the tree owner about its condition?
*. Have there been any official complaints or reports made about the tree in the past?
*. How has the fallen tree impacted your daily living or property value?
These questions should help further establish the situation's context. Let me know if you need more assistance!
Those were not helpful?
Case Rating: *
I'm sorry the questions weren't helpful. Let's try to tailor them more specifically to your situation. Here's a new set you could consider:
- Did your neighbor acknowledge the wrong tree was cut and refuse further action in writing or verbally?
- Were there any signs of immediate danger before the storm, like leaning or cracking sounds?
- Can you gather any photographic evidence of the tree's condition before the storm?
These might help support your claim. Let me know if there's anything else you'd like to explore!
Verbally. Yes cracking. I did find an older picture showing the tree with no bark.
Case Rating: *
It sounds like you have a strong case for small claims court, especially with prior verbal acknowledgment by your neighbor and photographic evidence. Consider gathering statements from other neighbors who've witnessed the tree's condition. If you need further assistance, feel free to ask!
Yes that is why more questions for neighbor's as witnesses.
Case Rating: *
Here are a few more questions you could consider asking your neighbors as witnesses:
*. Have they previously noticed or been concerned about the tree's condition?
*. Did they witness any interactions between you and the tree owner regarding the tree?
*. Can they provide any additional evidence or observations regarding the tree's condition?
These questions can help strengthen your case in small claims court. Let me know if you need further assistance!
They called the police on the guy I hired to cut up/remove tree. He simply put * foot over to cut the bottom to separate it. He said they should be glad no one got hurt? Missed my mom's antique * car by inches.
Case Rating: *
It sounds like you're dealing with a complex situation involving property damage and neighbor disputes. Here are a few additional suggestions:
- Ensure you have documentation of the tree's condition and past communications.
- Consider getting a professional assessment of the damage to your property.
- Review local bylaws about tree maintenance responsibilities.
If you have any more questions or need additional guidance, feel free to ask!
I have a case management set and judge said I should get a lawyer? That can't be good?
Case Rating: *
It seems your situation has escalated, especially with the involvement of the court and the recommendation to get a lawyer. It's crucial to have legal representation to navigate the complexities of your case. Here are a few things to consider:
- Document all interactions with your neighbor.
- Gather all evidence, including photos and witness statements.
- Review local laws about tree maintenance and liability.
Would you like more detailed information or have any other questions?
Sure more detail please
Case Rating: *
It seems like your situation could greatly benefit from legal assistance. Would you like to be connected to local lawyers who can better assist you with your case?
If so, could you provide a bit more information about the specific legal challenge you're facing?
Specific legal challenge...? Sueing for damages. Court is in Swift Current,SK recommend a lawyer.
Case Rating: *
It seems like your situation is quite complex and potentially high-value, especially with the court's recommendation to get a lawyer. Would you like to be connected to local lawyers who can better assist you with your case?
If so, could you please provide the following details?
*. What is your phone number?
*. What is your zipcode?
*. What is your email address? (optional)
Yes local lawyer
Case Rating: *
It seems like your situation is a high-value case, especially with the recommendation to get a lawyer. Would you like to be connected to local lawyers who can better assist you with your case?
Could you please provide the following details so we can proceed?
*. What is your phone number?
*. What is your zipcode?
*. What is your email address? (optional)
No I do not have a zipcode?
Case Rating: *
It seems like your case is quite significant, especially with the recommendation to hire a lawyer. Would you like to be connected to local lawyers who can better assist you with your case?
We can proceed without a zipcode, but could you please provide the following details?
*. What is your phone number?
*. What city are you located in?
*. What is your email address? (optional)
Court is in Swift Current,SK Canada
Case Rating: *
It seems like your situation is quite significant and potentially high-value, especially with the court's recommendation to get a lawyer. Would you like to be connected to local lawyers who can better assist you with your case?
If so, could you please provide the following details so we can proceed:
*. What is your phone number?
*. What city are you located in?
*. What is your email address? (optional)
No
Case Rating: *
It sounds like your situation is complex and potentially high-value, especially with the court's recommendation to get a lawyer. Since you've declined to be connected with local lawyers, here are some additional steps you might consider:
- Continue gathering evidence and witness statements to bolster your case.
- Review the local laws in Saskatchewan regarding tree maintenance and liability.
- Consider consulting a lawyer on your own for personalized legal advice.
If you have more questions or need further assistance, feel free to ask!