Can a defendant be held liable in nuisance for failing to top a tree?
British Columbia, Canada
The following excerpt is from Hayes v. Davis, 1991 CanLII 5716 (BC CA):
In Caminer v. Northern, the plaintiff was injured when a tree on the defendant's property was uprooted during a windstorm and fell on the plaintiff. The cause was attributed to the tree having a large crown and a latent disease affecting its roots. At the trial, the defendant was found liable in nuisance for failing to top the tree.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a municipality be held liable in nuisance for tree limbs that fell from a healthy tree? (British Columbia, Canada)
Can a municipality be held liable in nuisance where tree limbs fall and damage a neighbour's trampoline? (British Columbia, Canada)
What are the circumstances in which a defendant has failed to appear at a case management conference and subsequently failed to respond to an order striking his answer? (British Columbia, Canada)
What is the test for determining that there is an adversity in interest between a group of defendants in a parking lot accident and a defendant who allegedly failed to properly inspect and maintain the parking lot? (British Columbia, Canada)
Is a defendant liable for failing to signal or look in either a rear view or side mirror? (British Columbia, Canada)
In what circumstances will a defendant be liable for failing to stop at the scene of an oncoming car? (British Columbia, Canada)
In what circumstances will a defendant be liable for the entire amount of money he received in a transaction with a third party in which he is not liable? (British Columbia, Canada)
In what circumstances will a driver be found liable for failing to yield the right-of-way? (British Columbia, Canada)
Can a defendant be liable for causing nervous shock and physical injury to a plaintiff by falsely claiming that her husband had been injured in an accident? (British Columbia, Canada)
Can a municipality be held liable for failing to conduct a periodic inspection of a highway? (British Columbia, Canada)
