She has a witness - her husband. Also, she can introduce photographs that she took at the time of the accident. You should consult and retain a lawyer immediately.
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The only thing that I can offer you is that Suffolk County juries really do not like this type of lawsuit and you should have a good chance of winning. Why didn't you have homeowners insurance?
Call your local bar association and ask for a low to no cost attorney, they may be able to help you.
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Yes you can be sued. Issue of fact will be decided at trial. Good luck.
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Yes, you can be sued. The real question is whether or not the person that files that action has enough proof to prevail.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Violation of a law or regulation that has as its purpose the type of harm that occurred is a very real and potent element of a successful personal injury suit. The injured party and the husband are two witnesses. I am sure someone photographed, measured, and otherwise preserved the evidence of the growth and probably did angle measurements, etc. You say you have no hazard insurance. You will have to fund your defense and any damages against you out of pocket.
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