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Can the utility company be held liable for my damages?

Clifton, NJ |


I'm in the process of finding a lawyer who can help me recover damages after a publicly owned tree fell onto my house.

To be as brief as possible..A Town tree fell on my house causing major damage. Two months prior the gas company installed a new gas pipe and cut out the entire root system on one side of the tree. The pipe was less than a foot from the tree. Just curious if we can sue for damages? The tree was town owned. The town also claims The utility company needs to call them in situations like mine.

Please let me know what you think..

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Attorney answers 2


I would think that the best course of action is to submit a homeowner's claim for the damage and let the insurance company determine who it will sue for contribution.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.


if you have homeowner's insurance that will cover this claim, that is the quickest way to get the damage repaired, Your insurance will then "subrogate" against the town and/or the gas company to get back the monies paid on your claim, as well as your deductible.

Otherwise, please seek an attorney as soon as possible, as there is a 90 day tort claims act notice requirement that applies to the township; if the notice is not filed in time (90 days from the date of the incident), you will lose your rights against the township.

These comments are provided as a public service and are not intended to constitute legal advice. No attorney-client relationship has been created.

Anthony F Della Pelle

Anthony F Della Pelle


I agree with Marian. Pursue this claim through your own insurance but also make sure you file the Tort Claim notice within 90 days of loss or it will bar a future claim against the town.

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