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Old 01.06.2020, 14:11
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Garden Insurance

Hello
Can anyone recommend a company that is providing insurance for gardens.

Regards Michael.
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Old 01.06.2020, 14:31
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Re: Garden Insurance

As owner or tenant ?
Against what risks ?
Here, the cantonal buildings insurance has a supplementary package for gardens.
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Old 01.06.2020, 15:25
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Re: Garden Insurance

As owner..
I have a garden with some trees, so for example in the event me being taken to court if they fall on neighbors property, etc

Can a neighbor sue you if he falls on ground plants (flowers and the like) protruding from the border fence ?

Regards
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Old 01.06.2020, 15:36
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Re: Garden Insurance

So it is a third party liability insurance for buildings and land. (Gebäudehaftpflichtversicherung)

Check first with your normal buildings insurance to see if it is already covered or if they offer a supplementary package. Some aspects may be covered by your normal third party liability insurance (Haftpflichtversicherung)

Suing is not a national sport here, but if there are substantial damages, it will probably happen.
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Old 01.06.2020, 18:04
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Re: Garden Insurance

Thanks for that.

Another Question...
What if your spraying insecticide/pesticides on for example apple trees

And some one complains of an allergic reaction to the spray - Can you be held liable for that ?
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Old 01.06.2020, 18:34
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Re: Garden Insurance

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Thanks for that.

Another Question...
What if your spraying insecticide/pesticides on for example apple trees

And some one complains of an allergic reaction to the spray - Can you be held liable for that ?
Again, the Swiss are not a very litigious lot, for example, coffee cups don't (yet) have to be labelled so make the user aware that the contents may be hot.

If you already have a third party liability policy, I guess you could ask their helpline about that specific question. The quality of legal advice you get on this forum is somewhat variable.

But, I will say this. If one of your neighbours has made you specifically aware of an allergy to a spray, the Swiss thing to do would be to research some alternatives and discuss these, or alternative spraying times, with the affected neighbour, with the objective of reaching a compromise. Generally, if you are seen to be acting reasonably, there should be no recourse.
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Old 01.06.2020, 19:06
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Re: Garden Insurance

The Swiss system works on a couple of assumptions. First that everyone has some sort of liability insurance. Next that if someone is damaged by your actions or negligence then your insurance will correct that damage.

There is no concept of ‘punitive’ damages. Any punishment, if necessary, would comes from the courts, not from a private legal procedure.

Talk to your existing insurance agency and ask them these questions. If they feel that you are underinsured they certainly will let you know.
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Old 01.06.2020, 22:07
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Re: Garden Insurance

Quote:
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As owner..
I have a garden with some trees, so for example in the event me being taken to court if they fall on neighbors property, etc

Can a neighbor sue you if he falls on ground plants (flowers and the like) protruding from the border fence ?

Regards
If the tree grows over the border, your neighbor can demand that you cut it back. There's no fine involved or whatever if you react once informed. If your neighbor acts without first demanding remedy from you, they have to pay the costs themselves.

If one of your trees, that all look healthy and aren't old and have a good footing, is felled by a storm, it's usually considered "force majeure" (an act of God). The owner can't be held liable in such a case as long as they acted following professional guidelines, which is most probably the case given the condition of the trees.

The same applies to branches that get torn off or break. Say there's a storm and a branch damages a parked car. Again, if the tree is healthy and the tree not visibly damaged/ill/dead, then the tree owner can't be held liable.

Of course a dead or ill tree or branch is something entirely different. Likewise a branch or tree that is visible burdened, even overburdened, say an apple tree with lots of ripe fruit, or even on the point of collapsing under their weight. In such a case the owner neglected their duties and can indeed be held liable.

Real estate owner's association (in German)
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