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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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My daughter is a nurse at Wythenshawe Hospital in Manchester.

Customer Question

My daughter is a nurse at Wythenshawe Hospital in Manchester. During the recent storms her car was damaged by a falling branch. The car is drivable, however, there is around £1000.00 damage to the car, if she claims on her insurance then the premium will go up. They have offered her 100.00 and said that they take no responsibility for damage in the car park. Shurley if this was their tree it is not safe therefore it is there problem.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Was the tree growing in their car park?

Is there any suggestion that it was diseased or badly maintained?
Customer: replied 3 years ago.

Hi Yes the tree was growing in there Car Park


 


No suggestion that it was diseased or badly maintained

Expert:  Jo C. replied 3 years ago.
were there other trees branches blown down by this storm locally?
Customer: replied 3 years ago.

Yes the tree was growing in the hospital carp park


No suggestion that it was diseased or badly maintained

Expert:  Jo C. replied 3 years ago.
Thanks.

What I need to know is whether there were other trees blown down locally?
Customer: replied 3 years ago.

Yes there were quite a few

Expert:  Jo C. replied 3 years ago.
Thank you.

That is a problem I'm afraid.

They are not liable for events that are caused by an act of God. The storm was clearly an act of God.

Liability may exist if an act of God's was combined with their negligence-for instance the branches were diseased or badly maintained which made it easier for the storm to cause it to be blown down.

If there is no evidence that this branch was diseased or damaged and there were a large number of other branches locally blown down then that would tend to suggest unfortunately that this was caused by an act of God for which they are not liable sadly.

In those circumstances, the offer that they are making is probably worth accepting bearing in mind that the fact that your daughter parked under or close to a tree could be considered contributory negligence I'm afraid.

I am very sorry but I can only give you truthful information.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/