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> Falling Dead Limbs, Who is responsible
casciaj
post Aug 8 2012, 08:00 PM
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While camping overnight in Meridian, Ms. we were awaken in the middle of night by a tree limb coming through our camper roof. No rain or high wind at the time. Next morning we went to office and told Mgr. who is also owner what damage was done to our camper, and their comment was its and act of god so we are not responsible. Looking around the park over half the trees their were rotten with dead limbs getting ready to fall, also many were all ready lying on the ground. How can it be that the owners are not responsible, when you can clearly see the trees are rotted and have been for some time. If we were not in a hurry to be hundreds of miles away, because of family death, I would have fought this, for its not easy to fork out 860.00 because owners will not take care of property. Would like to hear from others who may know laws reguarding something like this. mad.gif mad.gif
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joez
post Aug 9 2012, 08:20 AM
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QUOTE(casciaj @ Aug 8 2012, 08:00 PM) *

While camping overnight in Meridian, Ms. we were awaken in the middle of night by a tree limb coming through our camper roof. No rain or high wind at the time. Next morning we went to office and told Mgr. who is also owner what damage was done to our camper, and their comment was its and act of god so we are not responsible. Looking around the park over half the trees their were rotten with dead limbs getting ready to fall, also many were all ready lying on the ground. How can it be that the owners are not responsible, when you can clearly see the trees are rotted and have been for some time. If we were not in a hurry to be hundreds of miles away, because of family death, I would have fought this, for its not easy to fork out 860.00 because owners will not take care of property. Would like to hear from others who may know laws reguarding something like this. mad.gif mad.gif


I am no lawyer, but I can tell you about why we never park under trees. It was a beautiful day, no storms, and no wind. DW was relaxing in a lounge chair enjoying a coffee when a tree limb about 8" in diameter crashed through the awning onto her shoulder, breaking her collarbone. Medical insurance paid for her treatment and casualty insurance paid for (minus deductible) damage to awning, and disability insurance paid when she could not work for eleven weeks. I actually saw a lawyer - he said that unless I could prove the campground knew the limb falling was likely to happen I had no case. Proving this would require, he said, some very expensive "experts" and those consultants would somehow have to get access to the property for testing. Another way, he said, we might have a claim is if we could prove that a limb had fallen from the same tree recently (like in the last month) doing damage to someone else.

Good luck. You could join us in "I love trees in the distance and never overhead" club.
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