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Intellectual Property Law
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After the remnants of hurricane Ike came through here in September, we had a man chop off some branches that were damaged and take down a dead tree for us. In so doing, the tree landed on a tree that belonged to the neighborhood association behind us. The tree was damaged. Evidently, the guy sawed off the damaged branches. A couple of days ago I received a letter fromt the neighborhood association stating that they knew the man's name and phone number and that they knew he had damaged the tree while he was working for us. They expect us to pay for the damages. I don't see how we can be held responsible when we did not tell the man to cut their tree and cannot help that he caused the damage. We paid him a good sum to complete the job for us. If anyone should pay, it is the tree man who did the work for us. But if this is the case, why did we g et the letter. I know they had the man's name because their letter included it. What should I do, and am I responsible?
Submitted: 272 days and 6 hours ago.
Category: Intellectual Property Law
Value: $15
Status: AWAITING CUSTOMER ACTION
Answer
You should send the man a copy of the letter and tell him its his responsibility. If the homeowners' association proceeds to a lawsuit, you will need to bring the man in as a third-party since he caused the damage.
Expert:
Ron Campione
Pos. Feedback:
100.0 %
Accepts:
Answered:
2/24/2009
Lawyer
Litiation and transactional IP work
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