Is a golf course responsible for the damage caused to ourfence as well as tree removal if one of its trees fell on our property?
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Is a golf course responsible for the damage caused to ourfence as well as tree removal if one of its trees fell on our property?
Our backyard backs up to a golf course. Last night a storm blew one of the golf course trees on top of our fence causing it to collapse and be damaged. Golf course said they would remove the tree from our yard but said that our insurance company is responsible for covering fence repair. We have a $1,500 deductible and feel golf course should cover the cost of repairing our fence.
Asked on August 10, 2011 Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The issue is whether the golf course is at fault in some way--that is, did they do anything wrong? If the tree had been visibily sick or old or damaged; if the golf course had injured the tree in some way (such as by cutting roots, ringing or girdling it, knocking a whole in it); the tree had obviously been leaning or top heavy; if the golf course had somehow weakened or undercut the ground in which it was in; etc.--if any of this occured, then the golf course may be liable for being negligent, or unreasonably careless. On the other hand, if the tree to all appearances had been health and there was no reason to expect a problem, and/or if it feel because of abnormally strong wind, the gold course would likely not be liable, or financially responsible, since in that case, they did nothing wrong.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Since the tree that fell onto your property was on the neighboring golf course's property in which your fence was damaged, the golf course is obligated to remove its tree from your property.
If the gold course knew that the tree was unstable, or should have known this, then there is more reason for it to pay for the repair of your fence so that you will not be out of pocket even with your $1,500.00 deductible.
The golf course engages in a commercial venture. It has a heightened duty to make sure that its grounds are in a safe condition for its customers and surrounding neighbors. If the tree that fell onto your fence causing damage was clearly in poor health from a visual inspection, the gold course should have taken it down long before the storm did the job for it.
The golf course should pay to have the tree removed from your property and pay to have your fence repaired at its sole expense.
Good luck.
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