Legal Question in Real Estate Law in Wisconsin

My neighbor(Glen) was helping me cut down a tree. He suggested that a friend of his(Mike), who "has a crane and is licensed", come out and top the tree to make things easier for us. I was interested, so Glen called his friend(Mike), who had apparently had already looked at the tree, and asked "how much would you charge me to top that tree?". I agreed to an estimate of $100-$150 in cash. Glen and Mike returned the next day and dropped a large branch from the tree on my house. Mike did not use a crane and is not insured. On top of that, Glen and Mike tried to cover up the damages by screwing things back together with drywall screws then tried to lie about it happening. I ask the Mike how it happened and he replied "I didn't see it happen". I pointed out the damage to the roof, gutters, siding, and landscape he replied "oh, that must have been that one limb". At the moment, the tree is still standing, my house is damaged, and my neighbor has my $150; what should I do?


Asked on 9/23/12, 5:04 am

1 Answer from Attorneys
JAY Nixon nixon law offices

If the amount of damage is great enough to warrant it, I would recommend that you notify your homeowner's insurance carrier of the potential claim. Other than that, be cautious before setting up "cash jobs" in the future, since this is often the way they turn out. For something as dangerous as tree work, I would recommend obtaining a copy of the forester�s certificate of liability insurance and worker's compensation insurance, since if he is uninsured, you would not only be liable for the damage to your house but also for any injuries he sustains while working there. Other than that, if you are unable to work this all out with the contractors and your neighbor, you always have the option to sue or threaten to sue, preferably with the assistance of a lawyer. It may hardly be worth the trouble, however, if you have the option of turning it over ot your insurer and letting them worry about who to go after. I am not your attorney and will not be taking any action on your case, but you are still welcome to contact me during business hours at my in Racine if you still have more questions. Also, please see me on the web at www.jayknixonlaw.com to read 15 years of my prior answers to consumer legal questions arranged by topic, please go to http://www.lawguru.com/answers/search/attorney/jknixon. Answers may contain attorney advertising materials.

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Answered on 9/23/12, 5:49 am


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