If a person knowingly, intentionally falls, alters or removes a particular boundary tree or other authorized landmark, that person who committed the offence is guilty of an offence and, if convicted, shall be liable to a fine not exceeding one hundred dollars or imprisonment for a term not exceeding thirty days. Decision: The court overturned the verdict. She found that the hospital acted negligently, but not the parking planner or landscape architects. The court ruled that the evidence supported the conclusion that the hospital was advised to remove pretty rubber trees because the trees were producing debris that caused harassment and maintenance problems. It failed to do so and was therefore negligent in failing to provide reasonably safe conditions for its visitors and patients by failing to remove trees or by implementing an appropriate maintenance program. The Court held that, although the operator of a car park is not an insurer of the safety of those who use it, it must nevertheless take reasonable precautions to keep the premises used by the invited persons in a reasonably safe state. We had a rainstorm last night, our neighbors rotted and fell on our fence and damaged it, we live in South Carolina and my neighbor said he`s not responsible because we live in South Carolina, what can we do Depending on the circumstances, there is another law that deals with tree felling. Section 16-11-680 states: Under South Carolina law, a property owner is required by law to inspect trees on their property with reasonable care to determine that they are not defective, unhealthy, dilapidated or otherwise dangerous. In other words, a municipal or residential homeowner can be held legally liable for damage caused to a neighbour by a tree or branch that fell from their yard if they saw or, after proper inspection, could have seen that the tree had partially decomposed or died. On the other hand, if an unusually strong storm causes a perfectly healthy tree to fall on a neighboring house, it becomes more difficult to determine that the owner of the tree is legally responsible. Cars that have been damaged or destroyed by falling trees are covered by the full portion of an auto insurance policy. – If you have diseased or dead trees in your garden, have them removed immediately.
If your neighbor`s tree is located on rural land, your neighbor will likely get a free pass. If the tree is located on urban or residential land, your neighbor is required by law to avoid the risks associated with unhealthy trees. This does not mean that your neighbor is always responsible for his trees. If a branch collapses and injures a person or property, you still have to prove that it was “negligent.” The Heils filed a lawsuit, claiming that the Hines had been negligent because they had not inspected the tree, because they had hired Sams, who must have caused the damage and was too cheap, too uninsured, and too willing to hire people who were in the country illegally. The trial court issued summary judgment against the Hines, concluding that the Heils had no evidence that the Hines had neglected their healthy tree or that Sam had negligently removed the branch. The Heils, of course, complained. They made a careless mistake on the Hines, saying they had been negligent because they had not inspected the tree, hired Sam to pay so little to do the work, and even because they had let an undocumented worker do the pruning. The trial court found no evidence that the Hines breached any duty to the Heils by failing to inspect and care for their tree and negligently engaging Sam`s Tree Service. If you cut your neighbor`s branches to protect your own property, your actions may not be “malicious.” However, cutting off limbs may still be enough to face criminal charges. If a person is convicted of breaking this law and the loss of property to the neighbour is more than $2,000, it is a crime, not a misdemeanor. Held: The Court of Appeal held that the Heils “have not adduced any evidence to conclude that [the Hines] breached their duty of care.” The court held that in order to assert a claim for negligence, the Heils had to assert facts that (1) showed a duty of care on the part of the defendant; (2) a breach of duty by negligence or omission; and (3) damages directly caused by the breach.
To mitigate potential damage, trees should be inspected regularly. Dead branches can be cut from a tree at any time of the year, but arborists suggest removing healthy limbs during the winter months.