JT in NJ - Reply to no one is responsible

RayP(MI)

Well-known Member
Your title about says it all. Happened to talk to my local fire chief, ran your senario past him. He says talk to your own farm insurance. they're about the only ones with any responsibility here. My guess is that the damage will fall under your deductible, I know it would on mine, and you'll probably eat the loss anyway. One thing you should do is to photograph and measure the damaged area, you'll need the evidence if a claim is filed. He was not happy about the narrow bridge part either. He's been getting pretty hard nosed about those who's bridges, farm lanes and tree branches are prohibitive to getting fire equipment in. Your neighbor may be getting some communication from fire dept for this. Fire equipment is getting huge in the past few years. You ought to see the new truck our VFD had to purchase. A few years back, the school bus had to make a turnaround in my drive. Took a lot of branches down for that. Probably ought to clear the branches in the dirve again.
 
You know i dont think that you think that way,but if you think that i can then I will, but on the other hand I cant think that if you would I wouldn't. I just thought that if you could it would be all right. Right now if you want to do it. OK now you just go ahead and do what I thought. Just yesterday you thought, you know, now it is just for you. Have a day that is you know good.
 
My office is next door to a staff attorney, so I ran this scene past him and asked who he thought was responsible. He said he didn't have a clue offhand, but it was a good question for a law professor to lay on his class for debate.

BTW, in my job as an Insurance Inspector, I can advise ya'll that on any rural inspection, the insurance company ALWAYS asks who the responding fire department is, how far away the fire department is, and WILL THE ACCESS ROAD HANDLE CURRENT FIREFIGHTING EQUIPMENT. That doesn't just mean width, it means will a bridge hold the equipment, are there obstructions such as tree limbs, etc. In my reports, I'm required to provide photos of any substandard conditions.

I don't make decisions on coverage, all I do is report what I observe from and on the premises, reply honestly to the questions they ask on the report form, and supply the photos they want and require. I would suspect, though, that anyone who lives on a rural property that is not accessable to current fire and rescue equipment could suddenly find themselves without insurance.

Also, this doesn't involve fire and rescue, but on all of my reports I'm required to comment on the breed and temperament of any dogs on the property. A photo is required of any aggressive dog, regardless of whether he's penned or running loose. And if a dog prevents me from doing my job, all I need to do is submit a photo of the dog and the company will back me up for not completing the inspection.

Nuff Sed.
 
I just read the original post, which I missed while out of town the past few days.

It's pretty clear that the only party that can be held responsible for his damage is the local fire department. They made the decision to drive over his field. The catch is that emergency personnel are immune from liability for just about anything they do. Which only makes sense: they have to make quick decisions and shouldn't have to worry about being sued just because it didn't occur to them that they could have done something different. How the heck is someone who is not a farmer expected to know that driving on a hay field is preferred to driving on a soybean field?
 

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