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My Potatoes
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PostPosted: Tue Feb 18, 2014 7:52 pm    Post subject: Reply with quote

Sive wrote:
Oh dear, the modern plague, attributing blame for everything in life.


1850 715 815
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Greengage
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PostPosted: Tue Feb 18, 2014 8:45 pm    Post subject: Reply with quote

im not a lawyer but if you run into a tree your insurance will not cover it so someone is liable,if your trees have defects and you are aware and you do nothing you the owner are responsible
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My Potatoes
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PostPosted: Wed Feb 19, 2014 7:54 am    Post subject: Reply with quote

Comprehensive car insurance would cover it, I imagine? I assume most drivers haver his rather than TPFT? It usually costs only an extra 20 quid and has far more scope.
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tagwex
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PostPosted: Wed Feb 19, 2014 11:15 am    Post subject: Reply with quote

Heading for Mallow this morning, i was planning on updating your photo my potatoes one week on, just to see the difference.

I heard that trees that fall onto a road are the property of the first one that claims them for firewood or whatever and if they fall into the field then they belong to the field owner. I found this hard to believe, surely they belong to whoever owns the spot where they stood.

@greengage, without wanting to sound rude and presuming you are indeed serious and not tongue in cheek, then get real, this is Ireland after all. Accountability, organisation and tree safety checks - not in this lifetime, if they fall, they fall and put up with the consequences. I don't know for certain but I would imagine that the only tree lists held are those with a TPO on them. Obviously if they are seriously decayed or dead then a responsible landowner would cut them down before they fall, hopefully.

Will I look out for a Sligo registered car in Bweeng and flag you down Geranimojess?

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“It’s my field. It’s my child. I nursed it. I nourished it. I saw to its every want. I dug the rocks out of it with my bare hands and I made a living thing of it!”

This boy can really sing http://youtu.be/Dgv78D2duBE
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Sive
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PostPosted: Wed Feb 19, 2014 11:19 am    Post subject: Reply with quote

So would you prefer a treeless landscape, just in case one of them happens to damage something ? You can't guarantee anything in life....I doubt any tree specialist could have forecast exactly which trees were going to keel over in this last storm. Life is full of risks....and lawyers unfortunately.
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My Potatoes
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PostPosted: Wed Feb 19, 2014 12:36 pm    Post subject: Reply with quote

tagwex wrote:
this is Ireland after all.


Which is where personal responsible flies out the window. I can understand someone feeling hard done by if a tree falls on them on a fine summers day. But if they're driving around during the worst storm in years, when the Gardai and AA have advised people to stay home, and a tree falls on them, well...
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Greengage
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PostPosted: Wed Feb 19, 2014 5:40 pm    Post subject: Reply with quote

you are a bit unfair saying i would like a treeless landscape, but if you own a tree you have a duty of care, the tree should be inspected and any hazards dealt with. In relation to Accountability, organisation and tree safety checks - not in this lifetime, if they fall, they fall and put up with the consequences. afraid you are not up with the times there is lots of work going on in this area lots of tree reports and Vta's with Councils and parks and upskilling staff, someone has to answer if a tree falls and hits somebody, Heard an account of a chap who ran into a tree last week he was not covered for medical care under his full comp insurance he has to claim off the owner of the property where the tree was situated. That was on Radio last Tuesday. Lots of the trees that I saw that fell had decay or defects that should have being looked at seldom a healthy tree falls. Except conifers which have very shallow root zone and often suffer from wind throw.
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My Potatoes
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PostPosted: Wed Feb 19, 2014 5:45 pm    Post subject: Reply with quote

Greengage wrote:
Heard an account of a chap who ran into a tree last week he was not covered for medical care under his full comp insurance he has to claim off the owner of the property where the tree was situated.


I wonder if the landowner's public liability insurance will cover this?
This sort of thing is unheard of on the continent, or so I've been told. They regard the Irish as the "American's of Europe" when it comes to claims; sue crazy.
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Greengage
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PostPosted: Wed Feb 19, 2014 6:45 pm    Post subject: Reply with quote

This was the itim I heard of .
http://www.rte.ie/radio1/liveline/programmes/2014/0217/504913-liveline-monday-17-february-2014/
scroll down until you get to this itim.
Last Wednesday David Gaffney was driving along Clonshaugh Avenue in Dublin when a tree fell on his car injuring him badly. He has subsequently discovered that despite having fully comprehensive insurance he himself is not covered because it was an "act of god". Rose's husband was killed by a falling tree and she faced a similar situation.
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James Kilkelly
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PostPosted: Wed Feb 19, 2014 7:32 pm    Post subject: Reply with quote

A pic doing the rounds on the net rumored to be a casualty of the big wind over in the UK......

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Sive
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PostPosted: Wed Feb 19, 2014 11:07 pm    Post subject: Reply with quote

oh don't mind me greengage, being grumpy is par for the course at my age. I have a particular abhorrence for the litigation culture that we've imported so enthusiastically from the States....it has infected almost every aspect of our lives in some way or other and we are actually the poorer for it......both financially and as a society. So I suppose I over-react......
( and I think I may well prefer trees to people too, but shhhhhh keep that to yourself )
Nothing personal !
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My Potatoes
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PostPosted: Thu Feb 20, 2014 8:15 am    Post subject: Reply with quote

Greengage wrote:
He has subsequently discovered that despite having fully comprehensive insurance he himself is not covered...

This suggests that it is normally the case that comprehensive insurance usually covers the medical insurance of the driver. Is this normally the case? I thought it just covers the owners own car should the owner himself/herself crash it. And a few perks like being permitted to drive others' cars, drive rental cars and vans without the need of additional insurance, etc.
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My Potatoes
Rank attained: Pedunculate oak tree


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PostPosted: Thu Feb 20, 2014 3:51 pm    Post subject: Reply with quote

Just had a listen to that clip. Painful to listen to, he really dragged out the story, punctuated by Joe's "oh, Jesus... oh, dear". That's 14 minutes of my life I'll never have back.

Anyway, to the topic in question, according to the caller his van insurance covers the van, not him or its contents.
There was mention of "another party involved" and "act of God".
According to the caller he was fully comprehensive insured, taxed, DOE [sic], and expects the insurance to cover his medical expenses, etc.
TBH, I don't see what the issue is. They're replacing his van. Isn't this what comprehensive insurance is?
Here's the rub, he's got a medical card which is out of date, and no private health insurance. He seems to expect someone to step in and pay for his medical bills.

It's a disgrace, Joe, it's a disgrace. The absence of research or researchers on this show is a disgrace.
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Greengage
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PostPosted: Thu Feb 20, 2014 6:47 pm    Post subject: Reply with quote

sive no offence taken , as for Joe-one radio in canteen we get to listen to news and ten mins of joe(Which is enough) at lunch, As for the trees they just dont fall there is some mechanical failure or defect which caused them to fall and the high winds contributed to it but not the reason they fell.
It is my understanding that Occupiers and anyone with responsibility for trees must take reasonable steps to manage and reduce risk and this includes identifying and inspecting those trees that might cause injury or place property at risk. When
hazardous trees are identified suitable remedial action must be taken to reduce risk. A planned inspection programme should be established that ensures trees are inspected often. A risk assessment will help establish what needs
to be done and should consider the following:
• Location of the tree(s) in relation to people,
property and adjacent roads.
• The age and condition of the tree(s)
• Species– some trees are better able to
withstand decay
• Nature and type of any damage, decay or
fungal attack
Inspections should concentrate on those areas where there is a significant risk to persons or property. So watch this space I dont think we have heard the end of who is responsible for trees that fall and cause damage.
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tagwex
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PostPosted: Thu Feb 20, 2014 7:45 pm    Post subject: Reply with quote

Greengage wrote:
Accountability, organisation and tree safety checks - not in this lifetime, if they fall, they fall and put up with the consequences. afraid you are not up with the times there is lots of work going on in this area lots of tree reports and Vta's with Councils and parks and upskilling staff, someone has to answer if a tree falls and hits somebody, .


The point I was making, possibly badly, was that I would imagine that the vast majority of trees are owned by agricultural landowners on roadside ditches, which would be the ones most likely to affect members of the public using the roads. I think it would be safe to say that a huge percentage of these are rarely looked at from one year to the next. I am well aware that managed forests/woodlands (whoever owns them), national parks, lands owned by councils and large country estates and even golf courses would have some class of an inspection programme but NOT the ones privately owned on roadside ditches and it is they, that most times only receive some attention after they have been blown over/uprooted. I do not know what a VTA is.

In this area, in the last week, the county council has taken on the job of clearing fallen trees from the roads, whether or not the landowner then receives a bill I do not know. Where the council cannot cope they have hired in people with the relative know how living in the area with the necessary equipment to carry out the work. So where does the responsibility fall back on the landowner here?

This is where I was coming from when I made my point.

_________________
“It’s my field. It’s my child. I nursed it. I nourished it. I saw to its every want. I dug the rocks out of it with my bare hands and I made a living thing of it!”

This boy can really sing http://youtu.be/Dgv78D2duBE
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