Title: February 6, 2008
Q. I was driving on a rural road and I hit a patch of ice, ending up in someone’s fence. I damaged the fence so much that the cattle in the field could easily get out through the hole in the fence and spill out onto the road. What if someone hits the cattle, am I responsible for the ensuing damage?
A. Yes, you are responsible if the fence is not repaired as soon as possible and the cattle does get out and cause an accident. You will also be responsible for lost cattle, for the repair of the fence and anything else that happens as a result of your mishap. Those are the reasons why you must carry insurance. Of course, aside from your insurance company, you must also notify the property owner that you damaged his fence so that he can take the steps necessary to reign in his cattle. You must ensure that you do everything in your power to repair the damage you caused as soon as possible so as to not compound the consequences of your actions. The less consequences will cost less.
Q. My neighbor has a very big tree right between our houses. With all the snow we’ve had in the past week, a branch from the tree broke and fell on my garage. Not only is the roof of my garage damaged, I can’t use my garage at all right now because the garage door won’t open and close due to the damaged roof. The roof is hanging down, stopping the door from moving up or down. My neighbor does not live in that house during the winter. He lives somewhere in Los Angeles but I don’t have his phone number and I don’t know how to reach him. What do I do?
A. Now you understand why one should always get along with the neighbors and know how to reach them should something bad happens. First, call your insurance company. They will take the steps necessary to find out who owns the house next door, and get in touch with the owner, wherever he/she lives. Your insurance will subrogate the claim, i.e. make a claim against your neighbor’s insurance because it is your neighbor’s responsibility to take care of his property all year round, not just during the summer. It is difficult to deal with an owner in absentia, but not impossible. Good luck!
Maxine de Villefranche is an attorney and civil general practitioner with 15 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661) 825-8880
Showing posts with label tree. Show all posts
Showing posts with label tree. Show all posts
Tuesday, March 24, 2009
Wednesday, December 31, 2008
Legal Eaze #5 Tree Roof Damage/ Sick Puppy
Originally Printed: September 1, 2004
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. My neighbor has a tree with large branches overhanging my roof. In the past, some of these branches have caused damage to my roof on windy days. I have asked my neighbor to do something about his tree, but he refuses to do anything. What can I do?
A. You have the right to abate this nuisance by cutting off the offending branches. However, you cannot cut off more than necessary and you must be careful not to cause an imbalance that will eventually cause the tree to die or to fall down to the other side. Obviously, it would be to your neighbor’s advantage to cooperate in hiring a professional to deal with the tree. I would suggest that you contact an attorney to write a strong letter to your neighbor and make him aware of his liability for the damage caused to your roof and to reach a consensus as to how the offending branches should be removed. The cost of hiring a tree professional should be borne by the owner of the tree.
Q. I purchased a cute puppy from a pet store. Two weeks later, it was diagnosed with Parvo disease. I was expensive to save the puppy’s life. What should I do?
A. If a licensed veterinarian has made a written diagnosis within 15 days after the dog was purchased to the effect that the dog became ill due to any pre-existing illness or disease, you may return the dog to the store for a refund of the purchase price and reimbursement of reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price. As an alternative, you may get another dog of your choice and of equal value, plus reimbursement of the veterinary fees. If you choose to keep the dog, you can still be reimbursed for reasonable veterinary fees in an amount not to exceed 150% of the original purchase price of the dog. Lastly, if the dog dies as a result of the same illness or disease, regardless of the date of its death, obtain a refund for the purchase price, or a replacement dog of equivalent value and reimbursement for veterinary fees in an amount not to exceed the purchase price of the dog. The same goes for a dog with a congenital or hereditary condition diagnosed by a veterinarian to suffer or have died from this condition within one year of its purchase.
Forward questions to maxinedev@msn.com , drop questions at the Tehachapi News, located at 411 N. Mill St., or send them to POB 1840, Tehachapi, CA 93581
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. My neighbor has a tree with large branches overhanging my roof. In the past, some of these branches have caused damage to my roof on windy days. I have asked my neighbor to do something about his tree, but he refuses to do anything. What can I do?
A. You have the right to abate this nuisance by cutting off the offending branches. However, you cannot cut off more than necessary and you must be careful not to cause an imbalance that will eventually cause the tree to die or to fall down to the other side. Obviously, it would be to your neighbor’s advantage to cooperate in hiring a professional to deal with the tree. I would suggest that you contact an attorney to write a strong letter to your neighbor and make him aware of his liability for the damage caused to your roof and to reach a consensus as to how the offending branches should be removed. The cost of hiring a tree professional should be borne by the owner of the tree.
Q. I purchased a cute puppy from a pet store. Two weeks later, it was diagnosed with Parvo disease. I was expensive to save the puppy’s life. What should I do?
A. If a licensed veterinarian has made a written diagnosis within 15 days after the dog was purchased to the effect that the dog became ill due to any pre-existing illness or disease, you may return the dog to the store for a refund of the purchase price and reimbursement of reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price. As an alternative, you may get another dog of your choice and of equal value, plus reimbursement of the veterinary fees. If you choose to keep the dog, you can still be reimbursed for reasonable veterinary fees in an amount not to exceed 150% of the original purchase price of the dog. Lastly, if the dog dies as a result of the same illness or disease, regardless of the date of its death, obtain a refund for the purchase price, or a replacement dog of equivalent value and reimbursement for veterinary fees in an amount not to exceed the purchase price of the dog. The same goes for a dog with a congenital or hereditary condition diagnosed by a veterinarian to suffer or have died from this condition within one year of its purchase.
Forward questions to maxinedev@msn.com , drop questions at the Tehachapi News, located at 411 N. Mill St., or send them to POB 1840, Tehachapi, CA 93581
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