Legal Question in Real Estate Law in California
My mentally disabled dad cut down my neighbor's 25 foot palm tree. He believed he had consent to do so, but the neighbor said he casually mentioned that my dad could possibly cut the tree down about two weeks before the act actually occurred. When the tree fell, it damaged an additional neighbor's fence that will now cost $1,200 to repair. We have offered to cover half the cost, but does the property owner where the palm tree was planted have any liability since the large, overgrown tree was not protected by a fence or trunk protector and anyone could have come along and cut the tree down?
1 Answer from Attorneys
Is the owner of a car liable when someone steals their car and runs someone down? Of course not. Why should the owner of the palm be liable for your father not being careful? He could sue your father for the damage to the palm.
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