Dan Lampke Weighs in on Negligence and Liability Exposure in The Concord Bridge
Bernkopf attorney Dan Lampke was recently quoted in an article by The Concord Bridge discussing when a property owner can be held liable for property damage caused by a fallen tree.
The article looked at a situation in Concord where a resident suffered property damage caused by a town-owned tree falling onto her property. The town’s insurance denied the claim because there was no evidence of negligence on the town’s part.
Dan explained the legal standard liability that applies in these fallen tree cases: “The town could have liability exposure if the town negligently maintained the tree or knew the tree was unhealthy and failed to take reasonable action.” Because the town had no indication the tree posed a hazard, it did not breach any duty of care. Liability typically turns on whether the tree’s owner knew, or reasonably should have known, that it posed a hazard.
Dan is a business litigation attorney at Bernkopf with experience representing executives, professional individuals, companies, and municipalities. His practice covers business and civil litigation, real estate and construction disputes, breach of fiduciary duty claims, contract disputes, landlord and tenant matters, appellate litigation, zoning appeals, employment disputes and public records appeals.
If you have questions, please reach out to Dan or any member of Bernkopf’s litigation team.