Camper basically chopped in half by tree
Ouch, and they were in the cabover when this happened. Hope this isn't anyone here... https://www.youtube.com/watch?v=D443ODkegtc&list=WL&index=14
Forum Discussion
From the ( my past) campowners perspective, case law and acts of God are to be considered. The act of God argument prevails when the guest chose the site, case law gets involved when it can be demonstrated that the property operator did not address a possible natural hazard.
The question facing operators is what is a possible hazard?
A root exposed by last weeks rainstorm, could be a tripping hazard, or could it be more, a weakening of the root system that may cause the tree to fall.
Case law supports the landowner.
Noone can call in an expert engineer or silviculturalist to determine if and when a tree may fall, or which way.
In the broad opinion of the law, as I ve seen it applied to our interest, It also applies to that same. interest for freedom and choice of lodging or location .
The guest chose the site, the weather was unknown, the risks accepted.
given these factors, the camp responsibity is moot,
The question facing operators is what is a possible hazard?
A root exposed by last weeks rainstorm, could be a tripping hazard, or could it be more, a weakening of the root system that may cause the tree to fall.
Case law supports the landowner.
Noone can call in an expert engineer or silviculturalist to determine if and when a tree may fall, or which way.
In the broad opinion of the law, as I ve seen it applied to our interest, It also applies to that same. interest for freedom and choice of lodging or location .
The guest chose the site, the weather was unknown, the risks accepted.
given these factors, the camp responsibity is moot,
