Damage caused by tree company, who is liable?

[harrybeaver]

So in the Blizzard we had last week a tree fell on my house. I am away so my wife called a couple tree companies to ask for estimates. She selected one of the companies that gave her estimates, it wasn't the lowest estimate it was from the biggest local company that neighbors have used in the past.
While getting the tree off our roof they had a branch go through one of our windows. When she called to tell the owner that they broke a window while removing the tree he said "yeah that happens". They claim they are not responsible for damages while removing the tree. No contract was signed before they started work.
Do any of you have experience with a similiar situation or know what the law would be in this case?
I posted a picture to help give an idea of what I am talking about, the tree had no branches near the window before they started the removal.

 

[D&B Mack]

Call your insurance company.

 

[woodchuck357]

call your lawyer

have him call your insurance, then they can sue the window breakers.

That sure looks like an easy removal without causing more damage. Not properly reading the pressure the limbs were under, and causing the limb to go thru a window looks like incompetence to me.

 

[Streblerm]

Forget the lawyer. Call a contractor and then your insurance. There is probably other damage from the limb. If the insurance thinks the tree company was negligent then they will go after them. That's why you pay for insurance.

 

[TreeGuyHR]

Yea, they shouldn't have broken the window. I took a good sized cottonwood off a roof by first putting a 300 ft 7/8 line on it -- though a block, and then back to my truck winch; with the line, I could hold the tree up while we whittled it down. They just must have let pieces roll off the roof and/or bag against the wall and window. Sloppy.

Box elder I headed back that was busted up in the Jan. 2012 ice storm:

View attachment 279068View attachment 279069View attachment 279071

The tree house and the house survived!:msp_biggrin: And the tree bushed out nicely. Because most of the tree was touching either the house or a fence along the street, most of the cost was covered by insurance.

 

[harrybeaver]

We did contact our insurance company and they have already come out to the house. The question is whether to file a claim and risk having our rates go up or just paying for this ourselves and keeping our rates the same. The only other damage so far is a bent gutter. Our plan is to have the window replaced and then deduct that cost from the bill we get from the tree company. They quoted $800 for the tree removal and I am guessing it will be $200 to replace the window?

 

[ATH]

... No contract was signed before they started work.....

If this ends up on court, it sounds to me like you are on the hook (I am not qualfied to give elgal advise, so do not take that as such!). Yet another reason to avoid the lawyers and courts.

IF you think it was an avoidable accident by the contractor:

Have you asked the guy who broke it if he will pay to fix it? I have broken a window in the past and didn't mess with insurance. I called the homeowner, then the window shop and begged them to come out and fix it at the end of the day on a Friday. I wrote them a check, and the matter is resolved. I didn't make much profit that day, but I slept well that night knowing I did the right thing.

Since you haven't paid him, let him know you will write the check in full the day you have a fully restored window. What is he going to do...sue you? That no contract thing cuts both ways. (since the job was over $500a verbal contract is not enforceable in most states per a set of rules called statute of frauds...again, not legal advise!)

IF you think it was essentially broken as a direct result of the storm damage (could not realstically remove the tree without breaking the window....which he should have told you in writing ahead of time - but you say he should not have broken the window), then pay it or file the whole thing with insurance. What will insurance pay for the tree? They may maximize that at $500, which makes the claim even less worthwhile.

Edited because you answered questions before I asked them, and I didn't see that before I hit reply. My new bottom line is: make him pay to replace it. Whether you deduct that from his bill or make him hire somebody then pay him the full amount.

 

[Grouchy old man]

I think it could be argued here that the tree falling on the house was an "act of God" and as a consequence of removing it from the house the window was damaged along with the gutter. You can only expect the tree company to use reasonable effort to not allow further damage to be done but sometimes it happens and I think that's what he was telling you. Your insurance should pay for everything including the removal. If the cost of the window is only $200 and you're thinking of claiming only that, what is your deductable?

Now, if this was a normal removal next to the house and they broke a window it would be a different story.

 

[Impalervlad]

I have had four storm related claims over the years. Twice branches damaged (in one case totaled) cars and twice I had parts of a deck and a roof damaged. My rates never went up.
I would call my insurance agent - not just the company. His name should be somewhere on the correspondence you receive from the company. Ask him how to proceed and whether filing a claim like this will result in increasing your rates. Based on my experience, if the company raises your rates, I would find a new company.

 

[Impalervlad]

Forgot to mention, had a contractor painting the house who broke a wndow and replaced it no charge and another contractor installing ceramic tile floors who let some grout drip through the floor into a washing machine below who replaced the washing machine with a new one.
I only hire people that come recommended or that I feel I can trust based on how much they trust me.
From what I see of the picture of the tree, the tree guy just got careless and should own up to it and do the right thing.

 

[harrybeaver]

We have a $1,000 deductible. The damages so far are $800 to remove the tree, and a bent gutter so we aren't planning to file a claim. Our insurance agent said our premium would not go up on our first claim but would if we put in another so we are saving ourselves for a real claim provided there is no major damage discovered once the snow melts.
The real annoyance was the owners attitude toward the broken window which was basically, yeah it's broken, get f'd.
As far as screening contractors I don't know what more we could have done. This is a large tree business in a small town that has done work for three of our neighbors. The other thing was we wanted this tree off the roof soonest possible and they could do it the next day where the other tree guys were saying four days out at the earliest.

 

[Blakesmaster]

We have a $1,000 deductible. The damages so far are $800 to remove the tree, and a bent gutter so we aren't planning to file a claim. Our insurance agent said our premium would not go up on our first claim but would if we put in another so we are saving ourselves for a real claim provided there is no major damage discovered once the snow melts.
The real annoyance was the owners attitude toward the broken window which was basically, yeah it's broken, get f'd.
As far as screening contractors I don't know what more we could have done. This is a large tree business in a small town that has done work for three of our neighbors. The other thing was we wanted this tree off the roof soonest possible and they could do it the next day where the other tree guys were saying four days out at the earliest.

Just tell the tree guy he's not gonna see a penny till the window is fixed. I bet that will make him change his tune. Seems weird that he wouldn't just fix the window especially if he has a good rep in your hood, makes you wonder how he acquired a good rep?

 

[harrybeaver]

I'm not gonna deal with having him manage the repair. I will hire a window guy he will give me a bill and I will deduct that amount from the tree guys bill and pay him the difference.
I don't know if he has a good rep, the people we do know who used him didn't have a problem. Many times you don't find out someones true colors until something does go wrong. They were over worked and tired and made a simple mistake that was easily correctable. I would think most of could agree that our reputations are worth more than this.

 

[Raintree]

The last thing I would want is a customer contacting my insurance Co. My rates are high enough already and a window fix is chump change.

I would get your window fixed ASAP or have you take care of it & deduct cost from bill. Then for added good will get your gutter fixed & keep you as a good customer.

 

[TreeGuyHR]

The last thing I would want is a customer contacting my insurance Co. My rates are high enough already and a window fix is chump change.

I would get your window fixed ASAP or have you take care of it & deduct cost from bill. Then for added good will get your gutter fixed & keep you as a good customer.

I don't know that the Ho can legally hold back on paying for the tree removal, as this was in fact done, and the damage is a separate issue. IMHO, the homeowner should send a registered letter to the tree company and simply ask that they have the window replaced immediately or the cash equivalent (based on several bids. If no action is taken after a stated period, the HO should file a small claims court claim.

I was the "tree guy" that broke a client's window a while back: I sub-contracted with another contractor to replace the window, end of story. The HO was a client because of recommendations from neighbors that I had done repeat business with, so I had a strong interest in making things right in a brief time. Why this other tree service is not dealing with the issue properly is a poor business decision -- the excuse that "these things happen" is bogus.

I didn't make a claim, paid out of pocket, because I had to claim a fender bender in a parking lot in the same time period -- amazing what a bumper will do to a Prius when you scrape the side of it :msp_scared:. Given that my agent said that i could probably make the one claim and not have my rates go up. I never considered it, and paid around $600 for a double metal- frame slider (plus installation), that had to be special ordered because it was old -- and then the client replaced all their windows in a remodel 6 mths later!:msp_w00t:

 

[harrybeaver]

I don't know that the Ho can legally hold back on paying for the tree removal, as this was in fact done, and the damage is a separate issue. IMHO, the homeowner should send a registered letter to the tree company and simply ask that they have the window replaced immediately or the cash equivalent (based on several bids. If no action is taken after a stated period, the HO should file a small claims court claim.

Legally speaking if you pay for a service you accept the service as provided. Practically speaking posession is 9 tenths the law, I have the upper hand now and don't feel like having this drawn out in a small claims court.

 

[TreeGuyHR]

I don't know that the Ho can legally hold back on paying for the tree removal, as this was in fact done, and the damage is a separate issue. IMHO, the homeowner should send a registered letter to the tree company and simply ask that they have the window replaced immediately or the cash equivalent (based on several bids. If no action is taken after a stated period, the HO should file a small claims court claim.

Legally speaking if you pay for a service you accept the service as provided. Practically speaking posession is 9 tenths the law, I have the upper hand now and don't feel like having this drawn out in a small claims court.

It's your call. They might try to collect the whole bill through collections. I hope it doesn't get messy for you either way. Sending a registered letter will at least establish your version of the facts.

 

[deevo]

We did contact our insurance company and they have already come out to the house. The question is whether to file a claim and risk having our rates go up or just paying for this ourselves and keeping our rates the same. The only other damage so far is a bent gutter. Our plan is to have the window replaced and then deduct that cost from the bill we get from the tree company. They quoted $800 for the tree removal and I am guessing it will be $200 to replace the window?

Ok well that changes things, if you haven't paid them and there was no contract then you have some leverage, Either way it's shady what the tree co is doing. They should own up and just deduct it! Did that $800 include clean up or just off your house?

 

[ATH]

....As far as screening contractors I don't know what more we could have done.....

You could have insisted on a contract that makes him liable for damages.

 

[ATH]

I don't know that the Ho can legally hold back on paying for the tree removal.....

I don't know how the tree care company can legally collect the bill. In MOST states a contract (for goods or services) for an amount over $500 is not enforceable unless written.

The no contract thing is a two edged sword. In this case, I am pretty sure Mr. Beaver does, in fact, hold all the cards.

You are making a good choice in hiring the window repair and deducting the difference. If this is the kind of guy you are working with and you leave it to him, he may just send one of his guys out to buy the cheapest window and try to put it in himself.

The one thing you might want to check on first with a lawyer: If you pay $250 for the window, then send him a check for $550, are you "admitting" to the $800 contract (which did not include anything about damage repair). I don't think so, but I am not a lawyer!