If a neighbors tree is vandalized with toilet paper and another neighbor (uninsured-age 40) who lives next door, who is trying to be helpful climbs the tree (with permission from an 18 year old who lives in the home in question) and a branch breaks allowing him to fall 13 feet and land on cement, with a devastating result including hospitalization for a severely broken hand & wrist and a shattered ankle & foot, requiring major reconstructive surgeries on both appendages, and a loss of income, does the policy of the tree owners insurance have any obligation to pay out? The incident occurred in Colorado Springs Colorado.

Quote:

---

Originally Posted by Hollee123

If a neighbors tree is vandalized with toilet paper and another neighbor (uninsured-age 40) who lives next door, who is trying to be helpful climbs the tree (with permission from an 18 year old who lives in the home in question) and a branch breaks allowing him to fall 13 feet and land on cement, with a devastating result including hospitalization for a severely broken hand & wrist and a shattered ankle & foot, requiring major reconstructive surgeries on both appendages, and a loss of income, does the policy of the tree owners insurance have any obligation to pay out? The incident occurred in Colorado Springs Colorado.

---

I'm in NY, a liability investigator. It's going to boil down to whether the "homeowner or his representative" (the 18 year old) knew or should have known that the tree would not support the weight of the neighbor.

What would I do? I'd file a claim with the Homeowners Insurance company - they have two choices: yes or no.

Then decide whether it's worth the time/effort/money to retain an Attorney.

Normally yes they will be liable. If you can find who did the vandalism you may be able to sue them and/or their parents.

Quote:

---

Originally Posted by Fr_Chuck

Normally yes they will be liable. If you can find who did the vandalism you may be able to sue them and/or their parents.

---

"There's many a slip between the cup and the lip"; and between this act of vandalism and liability.

Let's assume minors did the prank, and their parents have homeowner's unsurance.

I am not sure the insurance would cover conduct that occurred off-property.

Not all states subject parents to lialbility for negligent or intentional torts on the part of their children, and frequently there is a cap (several thousand dollars).

Was it intentional or negligent? And the doctrine of "legal cause" would come into play: is the type of injury (a third-party falling) that which can be expected to result from putting toilet paper on a neighbor's tree?

This would be a good tort law exam question. :(