With Hurricane Ida making landfall, Southeast Louisiana is seeing mass destruction from wind, water, and damage due to falling objects. Many people’s property, cars, and homes have been affected by falling and broken trees leading to the question of who is responsible if your neighbor’s tree falls on your property.
At the outset, a tree located on your neighbor’s property is your neighbor’s tree. In fact, under Louisiana law, if your neighbor’s tree has roots or branches that extend into your yard, you have the right to demand that they trim the branches or otherwise remedy the situation if it interferes with your enjoyment of the property.
Louisiana Civil Code article 688 states:
“A landowner has the right to demand that the branches or roots of a neighbor’s trees, bushes, or plants, that extend over or into his property be trimmed at the expense of the neighbor. A landowner does not have this right if the roots or branches do not interfere with the enjoyment of his property.”
Generally, in Louisiana, we hold the owners of things responsible for problems caused by those things.
Louisiana Civil Code article 2317.1 states:
“The owner or custodian of the thing is answerable for damage occasioned by its ruin, vice, or defect, only upon a showing that he knew or, in the exercise of reasonable care, should have known of the ruin, vice or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care.”
Accordingly, to prove a neighbor or his insurance company is responsible for a tree falling into your yard, you should prove that he knew or should have known that the tree could fall. In addition, Louisiana law requires proof that the tree fell due to the fact that the neighbor failed to act prudently is taking care of the tree.
This is where the complication arises following a hurricane – your neighbor or his insurance company will certainly argue that the tree fell due to hurricane force winds and not due to the neighbor’s actions or inactions. If, in fact, that is true, your neighbor may not be responsible for this damage.
The simplest thing to do is to make a claim with your own insurance company for this damage. If there is an argument that your neighbor should be responsible, they will turn around and seek reimbursement from their insurance company on your behalf. If your insurance company is not being responsive to you, we may be able to help.
Accident Lawyer FAQs
Accidents can happen anytime, anywhere, and often when we least expect them. When they do, they can leave individuals and families facing physical, emotional, and financial hardships. This is where an accident lawyer steps in. A New Orleans, LA accident lawyer specializes in providing legal representation to those who have been injured or harmed due to someone else’s negligence or wrongful conduct. They help clients navigate the complex legal process to secure compensation for their injuries and losses. Kiefer & Kiefer has lawyers who can assist.
When Should You Hire An Accident Lawyer?
Understanding when to seek the expertise of an accident lawyer can be crucial in ensuring your rights are protected. There are several scenarios where hiring an accident lawyer is highly recommended. If you or a loved one has sustained severe injuries in an accident, it’s essential to consult an accident lawyer. Severe injuries often result in significant medical expenses, long-term rehabilitation, and lost wages. An experienced New Orleans accident attorney can help you pursue the maximum compensation you deserve.
When there is a dispute over who is at fault for the accident, an accident lawyer can help gather evidence, interview witnesses, and build a strong case to establish liability. They can also negotiate with insurance companies to ensure you receive a fair settlement. Additionally, insurance companies may sometimes deny or delay your claim. An accident lawyer can advocate on your behalf, ensuring that the insurance company honors its obligations and provides the compensation you are entitled to.
What Types Of Cases Do Accident Lawyers Handle?
Accident lawyers handle a wide range of cases, including but not limited to car accidents, truck accidents, motorcycle accidents, slip and fall accidents, and workplace accidents. Car accidents, whether a fender bender or a serious collision, can cause significant injuries and damages. An accident lawyer can help you navigate the legal process, deal with insurance companies, and pursue compensation for medical bills, property damage, and pain and suffering.
Accidents involving commercial trucks can be particularly complex due to the various parties involved, such as the truck driver, trucking company, and manufacturers. An experienced accident lawyer can investigate the accident, determine liability, and help you seek compensation. Motorcyclists are especially vulnerable on the road, and accidents can result in severe injuries. An accident lawyer can assist you in obtaining compensation for your medical expenses, lost wages, and other damages.
Property owners have a duty to maintain safe premises. If you’ve been injured in a slip and fall accident due to hazardous conditions, an accident lawyer can help you hold the property owner accountable and seek compensation for your injuries. Workplace accidents can lead to serious injuries and financial strain. An accident lawyer can assist you in filing a workers’ compensation claim or pursuing a personal injury lawsuit if third-party negligence contributed to your injuries.
How Does An Accident Lawyer Help You?
An accident lawyer provides invaluable assistance throughout the legal process. They conduct thorough investigations to gather evidence, interview witnesses, and reconstruct the accident scene. This helps build a strong case to support your claim. Dealing with insurance companies can be challenging. An accident lawyer handles all communications with the insurance company, negotiating on your behalf to secure a fair settlement.
If a fair settlement cannot be reached through negotiation, an accident lawyer is prepared to take your case to court. They will represent you in trial, presenting evidence and arguing your case to obtain the compensation you deserve. An accident lawyer often works with a network of experts, such as medical professionals, accident reconstruction specialists, and economists, to strengthen your case and accurately assess your damages.
What Should You Look For In An Accident Lawyer?
Choosing the right accident lawyer can make a significant difference in the outcome of your case. Look for a lawyer with extensive experience handling accident cases similar to yours. An experienced lawyer will be familiar with the laws and regulations applicable to your case and can provide effective representation. A lawyer’s track record of successful case outcomes is a good indicator of their ability to achieve favorable results. Ask about their past settlements and verdicts to gauge their competence.
Effective communication is crucial in any attorney-client relationship. Choose a lawyer who is responsive, listens to your concerns, and keeps you informed throughout the process. Dealing with the aftermath of an accident can be overwhelming. A compassionate lawyer understands the emotional and physical toll an accident can take and will provide the support and guidance you need.
Reach Out Today
If you or a loved one has been injured in an accident, don’t wait to seek legal assistance. Our experienced team of New Orleans accident lawyers is here to help you navigate the legal process, fight for your rights, and secure the compensation you deserve. Contact us today for a free consultation and take the first step towards recovering your losses and rebuilding your life. Let us be your advocate in this challenging time.
