[Football] Legal Question

Neil · May 10, 2020

My sons house has some Council trees that overhang his garden and due to the high gusts tonight has had a large branch snap off and crash through one of his outbuildings.
Can he make a claim from Wealden District Council for the damage or is it called act of god

Titanic · May 10, 2020

Neil said:
My sons house has some Council trees that overhang his garden and due to the high gusts tonight has had a large branch snap off and crash through one of his outbuildings.
Can he make a claim from Wealden District Council for the damage or is it called act of god

Probably easiest just to call the council in the morning, and find out how they can help him?

I am not a lawyer... but for what it is worth, I would think they have a duty of care to make sure their trees are safe (if indeed the tree is theirs!).

edit: This might be helpful:

https://www.rhs.org.uk/advice/profile?pid=1022

Weststander · May 10, 2020

The first lawyer’s answer is £400+VAT per hour.

AmexRuislip · May 10, 2020

Neil said:
My sons house has some Council trees that overhang his garden and due to the high gusts tonight has had a large branch snap off and crash through one of his outbuildings.
Can he make a claim from Wealden District Council for the damage or is it called act of god

David Icke is your man :thumbsup:

Springal · May 10, 2020

Does home insurance not cover you ?

Neil · May 10, 2020

Springal said:
Does home insurance not cover you ?

and lose no claims

Coldeanseagull · May 10, 2020

If I remember, insurance claims can't be dismissed because of this loophole 'act of mythical beings interference'. As stated, contact the council

blue-shifted · May 10, 2020

Best to sue the council for everything they've got.

(then complain the streets aren't as tidy as they used to be even though the council tax has gone up)

Springal · May 10, 2020

Neil said:
and lose no claims

What’s the point in having it then?

But I’d try contacting the council but not sure you’ll have make success.

Kirklees Council have this https://www.kirklees.gov.uk/beta/trees-listing-and-conservation/pdf/council-owned-trees.pdf

Creaky · May 10, 2020

During the “Great Storm of ‘87 one of our trees blew down and smashed the roof of our neighbours house. Their solicitor threatened legal action but eventually they conceded the damage was “an act of God” as no reasonable person could have foreseen the tree being blown down as it was healthy.

I think the point is that if the tree had not been healthy or I had received a complaint about it prior to it blowing down then I would have been liable for the damage.

Herr Tubthumper · May 10, 2020

Neil said:
My sons house has some Council trees that overhang his garden and due to the high gusts tonight has had a large branch snap off and crash through one of his outbuildings.
Can he make a claim from Wealden District Council for the damage or is it called act of god

Is the council Tory or Labour?

Cheshire Cat · May 10, 2020

Get in touch with the council and make a claim.

PeterOut · May 10, 2020

Claim on the insurance.
That is precisely the point of having it.
The insurance company can / will then claim from whoever they deem to be liable. If successful, it will likely have no impact on next year's premium.

If you would prefer to spend £1,000s on legal advice in order to maintain a 'no claims bonus' of a few £100s, that is of course your choice (or your family member's choice).

(Disclaimer - I do not work in the insurance industry.)

tiberious · May 10, 2020

PeterOut said:
Claim on the insurance.
That is precisely the point of having it.
The insurance company can / will then claim from whoever they deem to be liable. If successful, it will likely have no impact on next year's premium.

If you would prefer to spend £1,000s on legal advice in order to maintain a 'no claims bonus' of a few £100s, that is of course your choice (or your family member's choice).

(Disclaimer - I do not work in the insurance industry.)

if it is like car insurance even if you are not at fault your premium goes up as statistically if you have a claim you are more likely to have another. i had this when a guy drove into my car writing it of. him and his insurance company accepted liability but still my premiums went up.. but that was with Hastings direct and as such never used them again

BN9 BHA · May 10, 2020

Good luck with this.
Different council but I did have tree branches overhanging my garden, they damaged my shed roof. Sent many emails to Lewes DC to ask if they could cut them back, one day the tree surgeons turned up and cut back a nearby tree that wasn't overhanging any garden

The branches fell off the tree one day, I blame the strong winds

Weststander · May 10, 2020

tiberious said:
if it is like car insurance even if you are not at fault your premium goes up as statistically if you have a claim you are more likely to have another. i had this when a guy drove into my car writing it of. him and his insurance company accepted liability but still my premiums went up.. but that was with Hastings direct and as such never used them again

Premium loading. You’re right.

And thinking of switching home insurers, other companies will bump up their quotes.

dazzer6666 · May 11, 2020

tiberious said:
if it is like car insurance even if you are not at fault your premium goes up as statistically if you have a claim you are more likely to have another. i had this when a guy drove into my car writing it of. him and his insurance company accepted liability but still my premiums went up.. but that was with Hastings direct and as such never used them again

Just has this situation with my car insurance after an accident (outside the Amex incidentally). Has taken a while but finally got the claim closed as a ‘no fault’ claim (and properly recorded as such on the Claims Underwriting Exchange). As a result the premium loading was removed so hasn’t cost me anything in terms of extra insurance premium.

happypig · May 11, 2020

Creaky said:
During the “Great Storm of ‘87 one of our trees blew down and smashed the roof of our neighbours house. Their solicitor threatened legal action but eventually they conceded the damage was “an act of God” as no reasonable person could have foreseen the tree being blown down as it was healthy.

I think the point is that if the tree had not been healthy or I had received a complaint about it prior to it blowing down then I would have been liable for the damage.

I was told similar by a tree surgeon doing some work on a couple of my trees (all of them have Preservation Orders on them). His advice was along the lines of "There's another one that is diseased with Ash Dieback. You can leave it and it will probably be ok but, now you know about it, if it comes down, you're liable"

That and "that'll be £650 to cut it down please"

beorhthelm · May 11, 2020

best to complain/claim to the council and let them tell you if they think they are liable. if i recall this comes down to whether the tree was considered safe or not, and councils employ people to go round checking, then trimming or pulling down trees that are suspect. they may take down the tree to avoid another incident, so consider that.

Got something to say or just want fewer pesky ads? Join us... 😊

[Football] Legal Question

Eastie

Super Moderator

Well-known member

Trainee Spy 🕵️‍♂️

Well-known member

Eastie

Opinionated

Banned

Well-known member

Well-known member

Well-known member

The most curious thing..

Well-known member

New member

DOCKERS

Well-known member

Well-known member

Staring at the rude boys

A. Virgo, Football Genius

Share this page