Crazy Maui Coconut Legal Question Attn. Legal Eagles (living, fence)

[bardos]

Imagine: I plant a coconut tree on my property near to the property line of my neighbor that, over the years, as is the wont of coconut palms through the vicissitudes of the weather, towers high in the air all curved but... hovers over the property of my neighbor. One fine day, this neighbor of mine is out doing his thing on his lawn and gets severely conked by one of the falling coconuts... am I in any way legally responsible or is this your typical "Act of God"?

[whtviper1]

But for the fact you planted a coconut tree, the neighbor couldn't have gotten "conked" as you put it if the tree wasn't there to begin with.

Regardless, you typically have to be negligent for you to be at fault. One could certainly argue you were negligent if you didn't have the tree trimmed or the coconuts removed to begin with that "conked" somebody in the head.

[TwoByFour]

The ironic thing is that by posting that question here you have removed the one defense you could have - that you were unaware that the coconut tree posed a danger to your neighbor and thus should not be held negligent. Of course they would have to link your C-D username to who you really are. But you should either deal with the tree of make everyone believe you are ignorant of the ways of coco palms. Assuming you don't like your neighbor and don't care if he gets bonked.

[bardos]

Originally Posted by TwoByFour

The ironic thing is that by posting that question here you have removed the one defense you could have - that you were unaware that the coconut tree posed a danger to your neighbor and thus should not be held negligent. Of course they would have to link your C-D username to who you really are. But you should either deal with the tree of make everyone believe you are ignorant of the ways of coco palms. Assuming you don't like your neighbor and don't care if he gets bonked.

The authentic situation is exactly the opposite of what I posted. It's my neighbor's coconut palm.

[Jungjohann]

Originally Posted by bardos

The authentic situation is exactly the opposite of what I posted. It's my neighbor's coconut palm.

Gravitys a beeeatch


And, it's the,,, uuuurrrppppp, scuze me, law

[Ghengis]

Originally Posted by TwoByFour

The ironic thing is that by posting that question here you have removed the one defense you could have - that you were unaware that the coconut tree posed a danger to your neighbor and thus should not be held negligent. Of course they would have to link your C-D username to who you really are. But you should either deal with the tree of make everyone believe you are ignorant of the ways of coco palms. Assuming you don't like your neighbor and don't care if he gets bonked.

coconuts come from trees?


(just in case)

[TwoByFour]

Originally Posted by bardos

The authentic situation is exactly the opposite of what I posted. It's my neighbor's coconut palm.

If you're worried about it I would talk to him/her. Once you do, and if you get bonked, he can no longer claim ignorance and would be negligent. But maybe he will harvest them.

[Jungjohann]

Originally Posted by TwoByFour

If you're worried about it I would talk to him/her. Once you do, and if you get bonked, he can no longer claim ignorance and would be negligent. But maybe he will harvest them.

If you're friggin stupid enough to walk under a coconut tree, with ripe fruit on it, and expect something NOT to possibly happen, you shouldn't be allowed out of your cell to begin with. And that would be a GREAT start to living on Maui, taking your neighbor to court with a frivolous torts suit.

[TwoByFour]

I agree, law suit is not the way to solve this. But if you have kids, or are worried about guests/friends coming over and getting bonked by a falling coconut it is a legit concern. Talk to your neighbor.

[Rain Monkey]

We have a large avocado tree hanging over the fence from the neighbors yard. I regularly pick the avocado hanging on our side of the fence. Sometimes they fall off the tree and land in our yard. I clean them up and dispose of them. Same with the branches, leaves and other material that fall from the tree and lands on our yard. I have even trimmed back the tree on occasion because it extended rather far into our yard. If the coconuts are hanging in the space above your neighbor's yard, I don't believe there is anything preventing themselves from removing them.

I agree with Jung and 2x4. These things are usually resolved by having a discussion with the neighbor. Bring over a little omiyage and voice some concern about protecting the family members on both properties. That is really what is important here.....not who is responsible but what you do as neighbors to support and protect each other.