South Dakota Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff

State:
Multi-State
Control #:
US-01275BG
Format:
Word; 
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Instant download

Description

As a general rule, every person is entitled to use their property in any way they want, provided the property is used in such a manner as to not injure others. Growths such as trees, bushes, and hedges, by their branches or roots, may invade the property rights of an adjoining owner and a falling tree raises the issue of negligence. The owner of the tree is generally liable for damages caused to the adjoining property owner.


This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

For example, if a health insurance policyholder is injured in an accident and the insurer pays $20,000 to cover the medical bills, the insurer may sue to collect that $20,000 from the at-fault party or that party's insurer.

The collateral source rule prevents the defendant from submitting evidence that your medical bills were covered by insurance. Likewise, the collateral source rule also prevents the defendant from trying to reduce the value of your claim because you received money from a third party.

The collateral source rule, which dates from 1854, prohibits the admission in a civil lawsuit of evidence that the victim has already received compensation from a source other than the defendant.

In Degen, the Supreme Court noted that the collateral source rule prohibits evidence that the plaintiff's medical expense were paid by some source ?collateral to the defendant, such as by a beneficial society, by members of the plaintiff's family, by plaintiff's employer, or by and insurance company.? Id.

The Common Law's collateral source rule (CSR) holds that in order to be considered compensation for tortious harm, benefits received by the tort victim must be: 1) directly inspired by the tortious harm and; 2) bestowed by the tortfeasor or by someone acting on the tortfeasor's behalf.

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South Dakota Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff