Parking Lot Tree VS. Truck Who's responsible?

[Boone]

Parking Lot Tree VS. Truck Who\'s responsible?

A co-worker had his Toyota pickup parked in the lot belonging to the employer. During his workday, a tree fell over and crushed the Toyota into scrap. Witnesses told me the tree was rotted inside.

The office folks told him they are not responsible. He only carried liability insurance on this older Toyota so he will get nothing from his insurance company.

Is the employer responsible for the damage the tree did to the truck?

 

[daedong]

Re: Parking Lot Tree VS. Truck Who\'s responsible?

depends whether he wants his job or not /forums/images/graemlins/smirk.gif /forums/images/graemlins/smirk.gif /forums/images/graemlins/smirk.gif

 

[Skitch]

Re: Parking Lot Tree VS. Truck Who\'s responsible?

I don't know if there are any differences in the law or the interpritation of the law where you are, but around here, the courts view a tree that originates on your property as your responsibility. For example, if a limb breaks from a tree on my side of the property line and damages a fence belonging to the neighbor, it is my responsibility to fix the fence. (It's also the neighborly thing to do.)

While I hate the way that our society has become lawsuit happy, this may be a case where a polite letter from an attorney will change the minds of the folks in the office. They may just be trying to bully your co-worker on this one to avoid a claim on their insurance and a rise in premiums. That's what I think at least.

 

[MikePA]

Re: Parking Lot Tree VS. Truck Who\'s responsible?

<font color="blue">...a tree fell over and crushed the Toyota into scrap... Is the employer responsible for the damage the tree did to the truck? </font>
At most the employer, or more likely the employer's insurance company, would be responsible to reimburse him the market value of the truck, just as if he had maintained the comprehensive coverage. They are not responsible for repairing the damage to his truck.

 

[Richard]

Re: Parking Lot Tree VS. Truck Who\'s responsible?

I had that happen to me once.

I was living in N. Charleston, SC, car was at home. (parking lot of apartment complex). Storm came in, knocked tree over and it near bisected my car in half, hitting square in the roof and smashing it.

Complex said 'bummer huh"

I said yeah... who is your insurance co?

They ultimately said not our (insurance company) responsibility, so I meandered around the entire complex with my camera, taking pictures of dozens of dead/dying pine trees (my offender too).

I sent the insurance co some pictures of the numerous dead trees and said "Seems to me you have many accidents waiting to happen... perhaps this is neglect of maintainence"???

Upshot, after they got the pics and a bit more bantering, he personally showed up at my work with a check in hand.

I'd get some pics of the tree "just in case" so you can clearly show it's condition.

Good luck to your friend

Richard

 

[JimR]

Re: Parking Lot Tree VS. Truck Who\'s responsible?

They are resposible regardless. It is their property and their insurance should cover it. Unfortunately as mentioned earlier about the lawsuit happy country we live in. You may have to proceed that way to get your money.

 

[slowrev]

Re: Parking Lot Tree VS. Truck Who\'s responsible?

Perhaps the "lawsuit happy country" issue is partially due to the "it's not my fault" attitude in this country. Just as in this case the property owner of the tree is liable but won't own up to it. So people are left with no recourse but to sue.
I am not saying that we don't have too many "ambulance chaser" lawyers out there just looking for someone to sue, just that there are legitimate reasone to sue.

 

[rozett]

Re: Parking Lot Tree VS. Truck Who\'s responsible?

I agree... too many people have too many excuses why whatever happened to them is someone else's fault. No personal responsibility.

Ex: it was McDonald's fault that the coffee was too hot, not my fault cause I was stupid enough to have a cup of coffee in my crotch while I was driving!! /forums/images/graemlins/crazy.gif /forums/images/graemlins/frown.gif /forums/images/graemlins/mad.gif

 

[gsganzer]

Re: Parking Lot Tree VS. Truck Who\'s responsible?

If the tree was indeed rotten (more importantly is that the rot and the lack of structural integrity was evident to the average person), then it would be considered a known hazard and the insurance company is probably refusing to cover the loss. This may be why the company is refusing to help pay for damages.

This is the same with your homeowners insurance. The insurance company won't pay for a dead tree falling over onto your house. They're stance is that you should have known better and removed the hazard.

I think the company needs to pay for the employees loss, regardless of what the insurance company does.

 

[Golfgar4]

Re: Parking Lot Tree VS. Truck Who\'s responsible?

</font><font color="blue" class="small">( Is the employer responsible for the damage the tree did to the truck?
)</font>

I would have to agree that the employer should accept responsibility for this situation IF the tree is actually on the employer's property and IF the area around the tree is maintained (i.e. mowed, trimmed, etc.)

You didn't say if the tree was on the employer's property. We have a number of parking lots that are adjacent to open areas, but the edge of the parking lot marks the edge of our property. So there could be a tree 2' outside the edge of the parking lot that is not on our property.

Assuming (uh, oh! /forums/images/graemlins/shocked.gif) that the tree is on the employer's property, routine maintenance, which should include inspecting the tree, would be expected.

At our Operations facility, we have a number of terraces with grass and trees in between the parking areas that delineates the driving lanes (and it looks pretty too! /forums/images/graemlins/smirk.gif). One day I get a call from the Operations director telling me that a bunch of the employees will be filing claims for damage to their cars while parked in the parking lot. I asked him what happened, and he explained that a flock of wild turkeys had come in and climbed on the hoods of the cars to be able to reach the berries of the trees the cars were parked near. The turkeys scratched the paint of the cars with their feet.

I explained that he might save everyone some time if he told them that not one of their claims would be approved, although they certainly had the right to file a claim if they wanted to. /forums/images/graemlins/smirk.gif