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Car parked on private property damaged by tree standing in a public place

  • 20-09-2018 3:48pm
    #1
    coylemj
    Registered Users, Registered Users 2 Posts: 25,702 ✭✭✭✭


    Hypothetical car is parked in a private car park which adjoins a public street. A tree on the public street overhangs said car park. It gets whacked by a storm and a large branch falls off, causing severe hypothetical damage to the car.

    The tree (which is hypothetically still standing) does not appear to be diseased or in poor condition because of it's age.

    Does the local authority bear any responsibility for the hypothetical damage?


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,781 Admin ✭✭✭✭✭hullaballoo


    No.


  • #3
    Cookie_Monster
    Registered Users, Registered Users 2 Posts: 24,562 ✭✭✭✭Cookie_Monster


    A tree on the public street overhangs said car park.
    Is it not your responsibility to deal with the parts that cover you property?


  • #4
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    One of the things comprehensive insurance with claims protection was invented for. The tort of negligence only deals with reasonably foreseeable risk. There is also a defence of social utility. To make the council liable it would have to be shown there was a foreseeable risk of the tree falling and hitting a car and that the benefits of trees in public places were outweighed by the need to protect persons and property.


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