Legal Question in Personal Injury in Texas

Fallen City Tree

A large city tree has fallen on our yard. Damaged our fence. We contacted the city and they stated they are not liable under the texas tort. act sub title 101.021 the city is not liable for any property damage caused by an act of god.


Asked on 3/26/07, 12:06 pm

2 Answers from Attorneys

Roger Merrill Merrill & Associates

Re: Fallen City Tree

If you want your claim to survive, please be aware that you need to give notice within 180 days and the notice should be in writing. I suggest hiring local counsel on a contingent fee basis. If the tree was not properly maintained, you might have a claim. If it was healthy and fell because of a storm, then the act of God defense may defeat your claim.

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Answered on 3/27/07, 9:24 am
James Grissom Law Office of James P. Grissom

Re: Fallen City Tree

What a bunch of duds. You'll have to sue them for their negligent lack of maintenance of city property (the tree). Might be easier if you made a claim under your insurance policy and let the insurance company go after them. That way they pay the attorneys - not you.

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Answered on 3/26/07, 12:45 pm


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