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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99981
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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A tree fell on my house last night. It was across the road

Customer Question

A tree fell on my house last night. It was across the road on my neighbors property. It also had an electrical transformer on it. The property owners have been doing a lot of landscaping. They denuded their property and leveled two long driveways which I know causes erosion. The transformer blew. A fire started on the tree. The ground was wet and the tree came down. Can I litigate against New York State Electric and Gas or the property owner?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Someone in your situation can litigate against the property owner whose tree this was. The utility company is arguably not liable because their equipment did not cause this. The property owner likely may be held for negligence, because their actions caused the chain of events eventually causing you damage and financial liability.

As such, they may be held liable civilly.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith by rating me positively.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!