I own a preschool next door to a lawyers office with a fence separating the properties. A huge tree fell from the lawyers office to the preschool playground. Who is legally responsible for the cost of removing the tree?
by 
Legal life
ANSWERS: 4
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The insurance of the lawyers office and the lawyers are responsible for the tree's removal. They will try to tell you different, since they are attorneys, but the bottom line is they are liable. Do not let them talk you out of this.
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Is this the LEGAL answer or an opinion? I can't afford to lose this AND pay the attorney fee. Do you know for sure? Thank you
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its their tree, and its on your property, they are laywers so you will have to fight... But they are responsible FOR ALL damages, dont let them tell you otherwise
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The answer depends on why the tree fell. With the exception of ultra-hazardous activities and products liability, you are only responsible for harm that is caused as a result of breaching a duty. If the tree fell because of a strong wind, earthquake, etc., then the lawyer did nothing wrong. Thus, since the tree landed in your yard it would be your problem. On the other hand, if the tree fell because the lawyer failed to maintain it (which he has a duty to do), then he is responsible. If you have insurance you should just let them deal with it. They will probably just compromise.
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