hellstrip- who's responsible for an accident

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sil2017
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hellstrip- who's responsible for an accident

Post by sil2017 » Tue Nov 14, 2017 10:12 am

I am shopping for home owners insurance and trying to figure out liability versus medical. First off, is 300k liability and 1k medical sufficient for insurance? Do I need both?
I have a queen palm on the hellstrip ( between sidewalk and the street curb ), The city is responsible for trimming the tree. What happens should the dead frond of the palm tree fall and injure a passerby on the sidewalk. One morning, I walked outside and found a piece of dead frond on the sidewalk.

Am I responsible should someone be injured on my sidewalk or hellstrip from a fallen frond or person tripping on the sidewalk outside my house? Will my homeowners insurance cover it?

Broken Man 1999
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Re: hellstrip- who's responsible for an accident

Post by Broken Man 1999 » Tue Nov 14, 2017 10:30 am

Never heard (or read before today) the word hellstrip.

Who maintains the sidewalks? In our neighborhood the city maintains the sidewalks, so I would believe if your sidewalks are maintained by your particular municipality then they would be liable. But, just a guess based on common sense. But as we know, common sense is sometimes in short supply.

My hellstrip is just part of my lawn to be maintained like the rest.

Any way, I've been little to no help, but I have increased my vocabulary today.

I'll have to try it on my children to see if they know what the meaning it.

Broken Man 1999
“If I cannot drink Bourbon and smoke cigars in Heaven than I shall not go. " -Mark Twain

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lthenderson
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Re: hellstrip- who's responsible for an accident

Post by lthenderson » Tue Nov 14, 2017 11:18 am

In the towns I'm familiar with, the city has an easement on the area between the sidewalk (actually further beyond that into your yard) to the street. This allows them to do maintenance on underground utilities there. However, the owner is responsible for all maintenance and liability of that area. Your homeowners insurance would cover anyone injured from injuries due to falling branches. But like a good homeowner, in order to limit potential problems, I would keep my trees well groomed along the sidewalk.

Point
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Re: hellstrip- who's responsible for an accident

Post by Point » Tue Nov 14, 2017 11:26 am

In my town the city owns the street trees and does not allow the homeowner to do any maintenance on them.

Check with your city maintenance department.

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dwickenh
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Re: hellstrip- who's responsible for an accident

Post by dwickenh » Tue Nov 14, 2017 11:33 am

I am shopping for home owners insurance and trying to figure out liability versus medical. First off, is 300k liability and 1k medical sufficient for insurance? Do I need both?

To answer your question, I think you need both. I would also get the Medical pay coverage increased to 5000.00. The liability is for covering claims against you for negligence. The medical payment is just that- medical coverage for someone injured on your property without any proof of negligence needed. The med pay will handle most incidents of minor injuries without hitting the liability coverage.

Dan
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overthought
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Re: hellstrip- who's responsible for an accident

Post by overthought » Tue Nov 14, 2017 11:52 am

Point wrote:
Tue Nov 14, 2017 11:26 am
In my town the city owns the street trees and does not allow the homeowner to do any maintenance on them.

Check with your city maintenance department.
That was my experience in Toronto as well... it was generally accepted that you'd get into more trouble for messing with a city tree than for mugging somebody... but the homeowner still has full liability for damage caused by falling branches and such.

That was an especially bad combo in neighborhoods with no off-street parking... one of our neighbors had two cars crushed in as many years when large branches fell off the same decaying city tree. After the second time the city agreed it was time to take out the tree, but he still had to eat the losses. I believe that sort of thing is covered by the comprehensive portion of an auto policy.

Edit: Come to think of it, I don't actually know whether a victim could hold the homeowner responsible for damage caused by a city tree. I just know the city accepted no liability, so the victim would either have to take their chances going after the homeowner or accept the loss.

NotWhoYouThink
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Re: hellstrip- who's responsible for an accident

Post by NotWhoYouThink » Tue Nov 14, 2017 12:09 pm

You are probably also responsible for clearing snow and ice off the sidewalk, so someone walking by doesn't slip and fall. But that may not be an issue in an area with palm trees.

sil2017
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Re: hellstrip- who's responsible for an accident

Post by sil2017 » Tue Nov 14, 2017 12:35 pm

I managed to get a hold of public works in my city. Someone from the city will come by my house to remove the dead fronds my. I guess the city is responsible for this.

I didn't ask about the liability issue but I am not going to conclude that the city will be held responsible should a passerby be injured with fallen fronds.

PS. another name for hellstrip is parkway. sorry, I didn't know till Public works mentioned it

LookingtogetFIRE'd
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Re: hellstrip- who's responsible for an accident

Post by LookingtogetFIRE'd » Tue Nov 14, 2017 12:38 pm

One thing you haven't mentioned, but should ensure is within your policy, is defense coverage: at least $500K to $1Mil. If you get sued, whether or not you are ultimately held liable for property damage or bodily injury, you want a lawyer to represent you. Normal people cannot afford to litigate civil matters to conclusion.

sport
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Re: hellstrip- who's responsible for an accident

Post by sport » Tue Nov 14, 2017 3:58 pm

sil2017 wrote:
Tue Nov 14, 2017 12:35 pm
PS. another name for hellstrip is parkway. sorry, I didn't know till Public works mentioned it
Around here, that strip of grass is called a "tree lawn". I believe that terminology is local to this area.

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