ARE THEIR A LAW WHICH STATES NO FAULT,BECAUSE IT WAS AN ACT OF GOD,SUCH AS HIGH WIND ,WATER ETC..
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ARE THEIR A LAW WHICH STATES NO FAULT,BECAUSE IT WAS AN ACT OF GOD,SUCH AS HIGH WIND ,WATER ETC..
Asked on June 22, 2009 under Real Estate Law, Texas
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
There simply isn't enough background in your question to give you much of an answer. I'm not a Texas lawyer, and there are differences in this area of the law from one state to another. For advice you can rely on, you'd need to get into the details with an attorney in your area. One place to look for counsel is our website, http://attorneypages.com
In most cases, if something on your property causes or contributes to damage on someone else's property, you are liable only if there was a "nuisance" or you were negligent (careless). One example might be a tree that was obviously dead and had been so for quite a while, that you didn't cut down; the fact that it fell when a high wind came up doesn't change the fact that the damage it did was foreseeable, and you had a real chance to do the right thing and prevent that, but didn't.
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