Court: California Homeowners Not Liable for Tree Trimmer’s Death

August 8, 2008

  • August 8, 2008 at 11:23 am
    lastbat says:
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    This is a good decision, but it shouldn’t have had to go to the the State Supreme Court. If I hire a company – licensed or not – to do work for me they are responsible for their employees. Otherwise I’d do the work myself or hire people directly.

    Good call California.

  • August 8, 2008 at 12:38 pm
    RS says:
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    Yet again, a Court of Appeals tried to impose their brand of socialism on a case after a jury found for the homeowner. Whether the contractor was licensed, insured or not, the homeowners had no negligence. The plaintiffs recourse was the contractor but I’m certain there was no money there so they went for some deep pockets. This is so tiresome here, unfortunately you can’t get judges off the Appeals Court once appointed. Must be nice to sit around and dream up their own version of justice without worrying about pesky elections or accountability. Only 5 more years and I move out of this state (CA). Not perfect anywhere but there is just way too much of jurists and government trying to steal from the haves and give to the have nots. And the majority of the “haves” have worked long and hard for their place in life.

  • August 8, 2008 at 12:40 pm
    claimsguy says:
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    The homeowner still should have checked to see if they had insurance.

    Of course other than asking for actual Proof, how can you be sure

  • August 8, 2008 at 2:07 am
    Brokette says:
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    I’m with you, RS. As Cali residents, we know that odds are good that the entire landscape business was owned and populated by ILLEGAL immigrants. Why else would they be unlicensed? This is but one price we pay for allowing illegals to swarm into our State. I’ve already purchased a small home outside of Cali and I’m prepared to bolt if the governor hikes our taxes as I suspect he will. I’m finished paying for people who think they have a right to be here when they are breaking our laws.

  • August 8, 2008 at 2:07 am
    Jerry Kennedy says:
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    A good lesson for us all. Never hire a contractor without getting a certificate of insurance. And only accept a certificate directly from the insurance agency or company.

  • August 8, 2008 at 2:54 am
    Just wondering says:
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    Is there a law in the Socialistic Republic of California that says homeowners can not hire someone unlicensed to work for them?

  • August 8, 2008 at 3:26 am
    Man says:
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    Yes, of course I agree with all of the earlier posts. HOWEVER, the home owner should always know who’s working for them. If it’s an accountant you look for CPA if it a Dr. you look for MD. Insurance agent CIC or CRM, CFP you get the idea.

    If it’s a tree service firm you look for NAA, National Assoc. of Arboriculture or ISA, Internation society of Arboriculture.

    Last thing Kidds. I think the home owner probably went cheep and that was thier huge mistake. We make our own problems by hiring the illigal untrained just to save a buck and then ***** a fit when it blows up in our face.

  • August 8, 2008 at 3:28 am
    Got it right at least says:
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    At least the Supremes ended up getting it right. Supremes in other states such as Montana would have made the HO responsible even though he had no obligation to the clmt.

  • August 8, 2008 at 3:33 am
    Allan says:
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    Hire a hispanic and if he gets injured or killed through his own carelessness and stupidity his estate will sue your a s s to get money.

  • August 8, 2008 at 4:05 am
    Ramirez says:
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    How sad. I do not mind arguing the merits of a case, but some of the responses here border on racism at worst and very bad taste at best.

    Most people in this country want everything at bargain prices and don’t care where it comes from. These workers average 60 hours a week, in 90+ degree weather in the summer for pennies. Where half of you work your 40 hours in your AC’d office and jerk off half the day.

    There were problems on both sides and to boil this down to “its hispanics faults” is narrow minded and hypocritical. Remember that unless you are a native american, you are a decendent of an immigrant who was looking for a better life.

    This response is not intended for those you who argued problems with the judicial system (which is more at fault here in my view).

    And a final note. Know that over 80% of america’s infrastructure has not been correctly maintained. In all likelihood, it’ll be these same immigrants that rebuild this country’s infrastructure and at a far lesser cost to your “hard” earned dollars than any citizen. Or at least we can hope, otherwise bridge collapses and building failures will be all the more common.



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