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The Title 28 of the United States Code QUESTION #3721
Question 1
A neighbor's tree has a large, dead branch hanging over a homeowner's driveway. The homeowner warns the neighbor multiple times, but the neighbor does nothing. During a mild breeze, the branch falls and crushes the homeowner's car. What is the neighbor's best defense?
  • Act of God (the wind).
  • No duty to maintain natural conditions on land.
  • Contributory negligence by the homeowner for parking there.✔️
  • The neighbor had no 'intent' to harm the car.
Correct Answer Explanation
The neighbor was negligent in failing to prune a known dangerous branch. However, the neighbor will likely argue that the homeowner, knowing the danger, was contributorily negligent for parking directly under the branch.