If I live in a mobile home community and one of the parks trees fell on my home causing damage?
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If I live in a mobile home community and one of the parks trees fell on my home causing damage?
I sent letters to management requesting the rest of the tree be cut down. However, the park management did nothing, so the other half of tree fell again distroying my deck and fell on part of house again. The park management did nothing. I had to pay to have tree removed. I have pictures and all letters asking for the tree removal. Do I have any legal recourse? Can we take the park management to court since it told us that if we made a big deal, then there would be trouble for us? Further, it said that if we said nothing they would try to help fix some of the damage. Well they have done nothing and now having more problems arising from tree falling through my roof.
Asked on January 22, 2013 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Management would most likely not be liable for the damage caused by the first tree fall, since they (presumably) did not have any notice that the tree posed a particular risk then. However, they may well be liable for the damage caused by the second half of the tree falling, since 1) it was almost certainly obvious that a damaged half-tree posed a risk; and 2) you specifically pointed out or put them on notice of the risk as well. Therefore, their failure to remove that damaged half tree would likely be considered negligent, or unreasonably careless; that negligence could make them liable, or financially responsible, for the damage and costs it imposed on you. From what you write, you would seem to have a reasonable chance to prevail were you to sue them.
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