by jennie.rose » Thu Aug 19, 2010 03:16 am
The employer owns a couple of houses on some land within the Austin City Limits where he maintains offices. The employees are to park on the land surrounding the houses/bldgs. My daughter had parked there earlier in the day when they heard a loud snap and thud. A tree had
snapped (without wind) and fallen across her car
and onto the roof of the house/office. When the
tree was examined it was found to be rotted in the
center. Employer claims Act of God so no responsibility on his part. His insurance fixed his roof. Daughter's car probably will be totaled.
snapped (without wind) and fallen across her car
and onto the roof of the house/office. When the
tree was examined it was found to be rotted in the
center. Employer claims Act of God so no responsibility on his part. His insurance fixed his roof. Daughter's car probably will be totaled.
Posted: Thu Aug 19, 2010 05:45 am Post Subject:
Employer would be liable if it can be shown that he knew or should have known that the limb might fall. If it was rotten from the inside then I'm guessing this could not be seen from the outside and it was not noticeable that the limb might break.
This is one reason why its important to have 1st party coverage... to protect yourself.
Posted: Thu Aug 19, 2010 11:49 am Post Subject:
What does your daughter's adjuster have to say in this regard? His views regarding the tree fall is of great importance!
Posted: Sat Aug 21, 2010 01:45 am Post Subject:
If your daughter's car were covered for OTHER THAN COLLISION (comprehensive), we would not be having this discussion.
If your daughter feels the employer is liable for her damages, she can always sue in small claims court . . . and probably start looking for another job on the way home from the clerk's office when she files the papers.
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