IF ICE FALLS OFF MY ROOF AND DOES DAMAGE TO THE HOUSE NEXT TO IT
Total Comments: 20
Posted: Thu Feb 05, 2009 05:11 am Post Subject:
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.
Posted: Thu Feb 05, 2009 06:32 am Post Subject:
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.
Posted: Thu Feb 05, 2009 11:34 am Post Subject:
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)
Posted: Fri Feb 06, 2009 11:38 am Post Subject:
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.
Posted: Fri Feb 06, 2009 11:59 am Post Subject:
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?
no i'm saying the first time the carrier would likely deny any negligence by their insured but if it happened again, the insured knows there is a clear and present danger and would be negligent if it happened again.
Which brings me to wonder if rates are higher on insurance for those types of houses.
I don't know that either but it makes perfect sense to me...
Posted: Sat Feb 07, 2009 01:53 am Post Subject:
Thats what I was thinking. There definatley would be alot more danger.
So if the other person was considered negligent would they not have to pay some or all of the bill? Maybe I am misunderstanding.
Posted: Sat Feb 07, 2009 12:06 pm Post Subject:
So if the other person was considered negligent would they not have to pay some or all of the bill? Maybe I am misunderstanding.
If the insured is negligent, then their liability coverage (homeowners policy) would pay for the damage they caused another...the would most likely not be considered liable or negligent for this first occurance because they didn't know there was a problem...nor should they have known...but they do know now...same as a dead tree, or what 'used to be' considered with dogs, ''the first bite is free'' (not anymore but that used to be the way those claims were handled too) if you don't know or had no reason to 'think' there was a danger then you are not negligent...once is occurs though you have the knowledge of this danger are would be negligent therefore liable for any damages if it happens again.
Posted: Sat Feb 07, 2009 09:57 pm Post Subject:
Thats what I thought you meant. Sometimes this old head is so full I can not even get the simlpest things to register.
Posted: Thu Dec 27, 2012 09:51 pm Post Subject: ice and snow
look lori you keep defending these lazy people who knew in advance that there snow and ice was falling and causing damage. It is neglect not to install somekind of ice/snow guard to prevent it from happening
Posted: Fri Dec 28, 2012 05:35 am Post Subject:
Yup... talking to someone who posted 3 years ago....
Posted: Thu Feb 05, 2009 05:11 am Post Subject:
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.
Posted: Thu Feb 05, 2009 06:32 am Post Subject:
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.
Posted: Thu Feb 05, 2009 11:34 am Post Subject:
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)Posted: Fri Feb 06, 2009 11:38 am Post Subject:
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.
Posted: Fri Feb 06, 2009 11:59 am Post Subject:
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?
no i'm saying the first time the carrier would likely deny any negligence by their insured but if it happened again, the insured knows there is a clear and present danger and would be negligent if it happened again.Which brings me to wonder if rates are higher on insurance for those types of houses.
I don't know that either but it makes perfect sense to me...Posted: Sat Feb 07, 2009 01:53 am Post Subject:
Thats what I was thinking. There definatley would be alot more danger.
So if the other person was considered negligent would they not have to pay some or all of the bill? Maybe I am misunderstanding.
Posted: Sat Feb 07, 2009 12:06 pm Post Subject:
So if the other person was considered negligent would they not have to pay some or all of the bill? Maybe I am misunderstanding.
If the insured is negligent, then their liability coverage (homeowners policy) would pay for the damage they caused another...the would most likely not be considered liable or negligent for this first occurance because they didn't know there was a problem...nor should they have known...but they do know now...same as a dead tree, or what 'used to be' considered with dogs, ''the first bite is free'' (not anymore but that used to be the way those claims were handled too) if you don't know or had no reason to 'think' there was a danger then you are not negligent...once is occurs though you have the knowledge of this danger are would be negligent therefore liable for any damages if it happens again.Posted: Sat Feb 07, 2009 09:57 pm Post Subject:
Thats what I thought you meant. Sometimes this old head is so full I can not even get the simlpest things to register.
Posted: Thu Dec 27, 2012 09:51 pm Post Subject: ice and snow
look lori you keep defending these lazy people who knew in advance that there snow and ice was falling and causing damage. It is neglect not to install somekind of ice/snow guard to prevent it from happening
Posted: Fri Dec 28, 2012 05:35 am Post Subject:
Yup... talking to someone who posted 3 years ago....
Add your comment