Have just cleared up a huge mess around one of our RIP’s where a two big boughs of a fig tree inexplicably tore off and came crashing to the ground, taking everything with it. No big winds, calm day, no white ants, no evidence of any direct cause.
Clothesline out the back was totalled. So too was the kid’s play equipment – swing set. Nobody was hurt but if the family had of been out the back would of taken out everyone.
As Landlord, what is my liabilty ?? Is this one of those ‘Act of God’ things ??
Cheers,
Dazzling
“Go hard or go home”
Hi Dazzling,
Lucky everyone is alright. I don’t see how you can be held responsible unless there is some rule somewhere that states trees have to be checked by an arborist from time to time…..I doubt it.
Or unless the tree was obviously in bad health, which it apparently wasn’t.
If anyone was hurt I would assume that your public liability insurance would cover it. Might be worth ringing your insurance co and asking what would have happened had there been an injury.
Cheers,
Sue [biggrin]“Be careful not to step on the flowers when you’re reaching for the stars”
Hi Dazzling,
What a freaky thing to have happen, so glad no one was injured or worse.
I have heard of claims against landlords where the insurance company states ‘the landlord is responsible for ensuring everything possible was done to prevent the accident’. How far they would enforce this is questionable. No trees allowed?
I guess all the O.H.&S laws apply to landlords too.
With this in mind I have recently installed a mains safety swithch to prevent electrocution at my IP. No trees, so I don’t have to worry about that at least.
Regards,Sharon
Dazzling, at first glance, i thought you had a murderous tree hating tenant [biggrin]
My insurance policy with CGU actually covers the impact of a falling tree, with the cost of removing & disposing of the fallen tree or its parts. But the insurance doesn’t obviously cover damage if you cut the tree down or its branches or have someone else do it for you.
Your public liability insurance would come into play if it had injured anyone.
Yes, I thought the title meant the tenant was killing the trees too, interesting play on words really.
Anyway, glad no-one was hurt, I guess tenant was a bit shocked too.
If you ever find o ut form your insurance what they would or wouldn’t have covered, please let us know.
PK
Hi Dazzling
Might help to ask the local Council for permission to remove the tree because you think it might be unsafe, they will inspect and give you the all important “Official Opinion” which will cover your tail either way.
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
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