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 Posted: Sun Feb 01, 2009 9:56 pm Post subject: IF ICE FALLS OFF MY |
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IF ICE FALLS OFF MY ROOF AND DOES DAMAGE TO THE HOUSE NEXT TO IT
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| Posted: Mon Feb 02, 2009 3:53 am Post subject: insurance |
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| Quote: | IF ICE FALLS OFF MY ROOF AND DOES DAMAGE TO THE HOUSE NEXT TO IT
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I believe, GUEST, this would just be an 'act of God/Nature' sort of thing. Unless on, of course, you PLANNED on this happening, and I don't think you did.  |
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sdchargersfan
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| Posted: Mon Feb 02, 2009 8:28 am Post subject: |
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Well, if its found out that you could have avoided the damage by taking the right action on time, i.e. removing the snow from the roof top, then you would be responsible for compensating the neighbor. However, as Sd has mentioned if its the Act of God, then he might have to seek coverage from his own insurer.
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bandit baby
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| Posted: Mon Feb 02, 2009 12:19 pm Post subject: |
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OP, the posters are right, but 'if' a reasonable person 'should've' known that there was a clear and present danger and did not do anything to protect that other property then your liability most likely will kick in.. if you're talking about long ice sickles that hang from the soffet, if you mean an entire sheet warmed up and slid off your roof, well I doubt that will be looked at as you being negligent. Is your neighbor claiming damage? If so what? Didn't the ice slide off their roof too? Have you filed a claim with your carrier?
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Lori
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| Posted: Tue Feb 03, 2009 2:26 am Post subject: |
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| What if it has happened in the past and then happens again? Doesn't that alone show that there was clear and present danger? That really would stink if someone elses problems (like ice build uP) would cause you to pay a deductible. I do not know why but it seems a bit unfair if someone elses ice fell off their house damaging mine and I had to pay the deductible...especially if I kept my roof clear. |
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fireyone
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| Posted: Tue Feb 03, 2009 11:14 am Post subject: |
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Fire does anyone really shovel their roof?  I see this a no more unfair than say a hail storm hitting a house...just bad luck...again, unless it is like 2 foot long icesickels that are hanging from a gutter or something...but if there was an ice storm and the sun caused it to thaw and slid, i see no negligence..in fact I've handled many auto claims like this...bad ice storm, then ice begins to fall from signs on the highway or lifts and flies off of 18 wheelers or vans striking another vehicle...there is no negligence on the 'owner' of the ice...
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Lori
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| Posted: Wed Feb 04, 2009 12:55 am Post subject: |
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| I guess looking at it that way it does make more sense. I do have to add that my hubby clears ice from the roof from time to time when he sees it is getting lose. He has this weird idea that someone will be standing under it when it lets lose. He has a point but what are hte chances..Hope I didn't just curse myself. |
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fireyone
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| Posted: Wed Feb 04, 2009 5:50 am Post subject: |
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| If you look on steep usually commerical roofs, normally on things like grocery stores, there are small pieces of metal on the roof called ice or snow guards which help break up large amounts of snow and ice into smaller amounts of snow and ice. If the OP knew there was a problem something like this should have been looked into. If they did not know there was a problem, they do now and should now look into it. If they were just ice sickles, they should have been knocked off. I've seen some of these ice sickles in Cleveland reach in excess of 4 inches in diameter and could easily kill someone when they fall. |
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Dasfuk
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| Posted: Wed Feb 04, 2009 12:09 pm Post subject: |
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| Quote: | | I do have to add that my hubby clears ice from the roof from time to time when he sees it is getting lose |
Isn't it funny how men as they age get 'super anal' about stuff around the house!  cracks me up...I'll not tell my husband that...well actually the way our house sets it couldn't hurt anyone anyway...and the danger of removing it would be very very great (in our case anyway) | Quote: | | He has this weird idea that someone will be standing under it when it lets lose. He has a point but what are hte chances..Hope I didn't just curse myself. |
Hope you didn't either...and he has a point, as Das, said | Quote: | | If they were just ice sickles, they should have been knocked off. I've seen some of these ice sickles in Cleveland reach in excess of 4 inches in diameter and could easily kill someone when they fall. |
I'm in total agreement with this...re; icesickels and have knocked them down my self (NW MO)..however (IMO) there is a huge difference between a homeowner and a business re: | Quote: | | usually commerical roofs, normally on things like grocery stores, there are small pieces of metal on the roof called ice or snow guards which help break up large amounts of snow and ice into smaller amounts of snow and ice. If the OP knew there was a problem something like this should have been looked into. If they did not know there was a problem, they do now and should now look into it. |
Commercial or buisness exposure is different...a business is 'inviting' people in (hopefully) in droves all day long...they have a duty to make sure the entrance, and property is free from every 'what if' there is..a Homeowner however that has snow or ice slid off (presumeably) the side of their home...I don't think is held to the same standard.
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Lori
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| Posted: Wed Feb 04, 2009 11:38 pm Post subject: |
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| Funny you guys should mention the business end of this. We were going through a car wash the other day and there was a line a mile long. The car wash's roof was made of tin or metal and you could see the ice breaking loose. I asked my husband what would happen if while we were waiting the ice fell and smashed our vehicle. Reading your above post answers some of that question but still leaves me to wonder why they did not clear it off. I seen no ice or snow gaurds. |
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fireyone
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| Posted: Thu Feb 05, 2009 1:02 am Post subject: |
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| Quote: | | but still leaves me to wonder why they did not clear it off. |
I can answer that one..they haven't had a claim YET.
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Lori
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| Posted: Thu Feb 05, 2009 5:11 am Post subject: |
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| Quote: | | Commercial or buisness exposure is different...a business is 'inviting' people in (hopefully) in droves all day long...they have a duty to make sure the entrance, and property is free from every 'what if' there is..a Homeowner however that has snow or ice slid off (presumeably) the side of their home...I don't think is held to the same standard. |
I would agree, except now the OP is on notice of a problem that could happen again, and I would assume that the standard has now changed. |
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Dasfuk
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| Posted: Thu Feb 05, 2009 6:32 am Post subject: |
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Well, if you're settled in a snow or hailstorm prone area then I guess a little bit of precaution would reduce much of your risks. The same thing happening time n again for all these years could seem a bit careless to some of us. Though I understand the long sheets sliding down the roof (as mentioned by Lori), still I'd believe that something could be done to hold such chunks for some time which would allow others to clear out.
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anonymous00
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| Posted: Thu Feb 05, 2009 11:34 am Post subject: |
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| Quote: | | now the OP is on notice of a problem that could happen again, and I would assume that the standard has now changed. |
I agree...now that it's happened (damage has resulted) the OP will have to address this should this occur again (dangerous ice build up)
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Lori
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| Posted: Fri Feb 06, 2009 11:38 am Post subject: |
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So you are saying if it happens once the persons own insurance would have to cover it (the one with the damage) and after that if it happens again the owner of the house where the ice slid off would be responsible? To me then it would appear to be fair because then the person would be aware of the potential problem and find a way to clear the ice or at least find a way to keep it from hitting the neighbors house.
I always wondered why they would put houses so close,especially those row houses. One persons misfortune (fire, ice, ect) would then become several peoples misfortune. Which brings me to wonder if rates are higher on insurance for those types of houses. |
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fireyone
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