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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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RLM
post Aug 20 2012, 09:05 AM
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QUOTE(casciaj @ Aug 8 2012, 09:00 PM) *

While camping overnight in Meridian, Ms. we were awaken in the middle of night by a tree limb .....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.


I suspect that you would have a reasonable chance of winning a law suit. A falling tree branch is a type of premise liability. Property owners, both campground and individuals, generally have a duty to make their property reasonably safe for people who are on the property lawfully. This would include ensuring that trees are properly maintained. The odds for a successful suit would go up if the property owner knew, or should have known, that the tree was likely to cause damage.
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