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Subject That's what I meant, tree should've been cut down
     
Posted by Alex Lee [DE] on September 09, 2004 at 4:47 PM
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In Reply To I think you are confused posted by Technomancer on September 09, 2004 at 09:21 AM
     
Message A long time ago because it was diseased and posed a danger. My point on the tree was that the neighbors probably should've been liable for it, but sh#@ happens. Filed a claim with the insurance company and it was covered...as "an Act of God." The important thing was that my two family members who were in the house at the time didn't get hurt.

So if it was foreseeable that the hoop would fall over in a storm, why did you park in front of it during a storm? (Think Defense line of questioning in courtroom) Besides, a basketball hoop secured with concrete is pretty similar to the commercial portable baskets they sell these days isn't it?

:A tree is not a basketball hoop secured only by a concrete-filled tire. It was very foreseeable that the hoop would fall over in a storm -- any storm. When it did fall, it fell into a PUBLIC area. (Parking in front of the neighbors house is allowed. This is not like parking on the neighbor's property.)
:A tree is very different, even if it falls onto your property. Even so, I think your neighbor was liable if they knew the tree to be diseased and did nothing about it.
:

Alex
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1994 TT Stg V
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