# tree cutting accident leaves man dead-Livingston Manor, New York



## chainsawworld (Jul 12, 2003)

*Tree Cutting Accident Leaves Man Dead*

Livingston Manor, New York
A Livinston Manor man died Sunday after a tree he was helping to cut down fell on him, police said.
Richard L. Banks, 40 was flown to Westchester Medical Center in Valhalla. He was pronounced dead at the hospital
State police said Banks was helping another man, Robert Boese, cut a maple tree at Boese's property on Beaverkill Road. About 1 p.m., police said, Banks was roughly 20 feet up on an extension ladder. He was cutting through the tree, when the tree snapped, police said. Banks fell to the ground. The tree fell on top of him, landing on his chest.
Boese called 911 and cut the tree off Banks, police said.


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## Mattman (Jul 22, 2003)

You're absolutely right. 

Sorry,

Matt


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## Mattman (Jul 22, 2003)

Hey, will the property owners insurance pay the family of the deceased? Stands to reason that the lack of safety equipment may prove negligence on the homeowners part.

Matt


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## Newfie (Jul 22, 2003)

*"Stands to reason that the lack of safety equipment may prove negligence on the homeowners part."* 


Typical of today's mindset. It is always someone else's fault and they should have to pay. Where does the responsibilty of the deceased come into play, Mattman? Maybe he should have been responsible enough to have life insurance? Probably didn't though.

A tragedy for sure.


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## Mattman (Jul 22, 2003)

I normaly don't like to see litigation in matters such as these. Trying to lay blame on somebody is not very neighborly, but I feel sorry for the family left behind is all.


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## TREETX (Jul 22, 2003)

Who is responsible?? Family?? 

Here is a thought - life insurance instead of hunting for who has the deepest pockets and sueing!!

A very unfortunate accident. I have always found ladders scary.


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## che (Jul 22, 2003)

> A Livinston Manor man died Sunday after a tree he was helping to cut down fell on him, police said.



I don't see anywhere in that post where it suggests this guy was a professional. Sounds to me as if he was just helping out his buddy....could have been either one of them killed, he drew the wrong card.

I also don't know that that would be a case of McDonald's hot coffee....any property owner takes that risk when they have others come onto their property. I also would expect that it's the reason that when there are threads asking for help in how to 'find/hire an arborist', one of the first suggestions is to make sure they are insured. You don't ask Joe Blow off the street to come and help you with an obviously dangerous undertaking without accepting the financial risks yourself.

Che


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## Mattman (Jul 22, 2003)

I thought it was the homeowners neighbor helping out. This is one of the many reasons that we have homeowners insurance. Somebody can injure themselves walking down my front stairs, working on my property (undisclosed hazard that they were unaware of) , if I should slice a golf ball off the fairway into somebody's house. 

If I had a neighbor helping me with something and he got hurt, I would personaly feel a lot better if my homeowners insurance compensated him. Fairly of course.


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## geofore (Jul 22, 2003)

*rockysquirrel*

Two questions come to mind, Was he or the ladder tied in? Does his own homeownners ins. cover this helping a neighbor out? You call him an idiot, Why? You don't have to be an idiot for things to go wrong. I'm more interested in what went wrong and why it went wrong, not calling the guy an idiot.


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## TheTreeSpyder (Jul 22, 2003)

http://www.arboristsite.com//showthread.php?s=&threadid=7643


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## mbopp (Jul 23, 2003)

"Stands to reason that the lack of safety equipment may prove negligence on the homeowners part."

Get this - in New York at least if you have a contractor working on your house and he hurts himself and is not carrying workmans comp, he can sue the homeowner! This happened - self employed home improvement contractor fell off a roof, broke his back, sued the homeowner and won!!!!! After I heard that I always ask for a certificate of insurance from anybody working on my house.


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## geofore (Jul 23, 2003)

*helping neighbor*

Works like that in PA also but you can get your own homeownners to cover your helping your neighbors but you have to ask for it to be in your policy. Weirdest thing is if someone comes on to your property to rob you and is injured he can sue and win. It happens.


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## kf_tree (Jul 23, 2003)

thats why you can't wound a home intruder. you have to take him out.


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## Mattman (Jul 23, 2003)

My Dad (cop) used to keep an unregistered and untraceable gun in the house just in case he shot an unarmed intruder.

If that's not scary enough, my brother got ahold of it and waved it around at the baby sitters one night. We were instantly blacklisted from every baby sitter in town.

Matt


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