With the winter season upon us, trees often become heavy with snow and ice, sometimes causing large limbs to snap and fall to the ground. With high winds and heavy snow, entire trees may topple over.
But what happens when a property owner’s tree or limb falls in some else’s yard, and causes damage to personal property, such as a home or car? Who is responsible for those repairs?
If a neighbor’s tree falls in your yard, you might expect that the neighbor is responsible. However, that is not necessarily true.
Who Covers Damages Caused By a Neighbor’s Fallen Tree?
For the most part, your own homeowners insurance will typically cover the costs of any repairs, as well as costs for removing the tree and any related property damage. Therefore, if you have sustained damage from a tree, you should immediately advise your insurance agent. Your insurer will likely send an investigator to your home to take photographs of the damage and render estimates for the cost of repairs.
If the insurance payment is not sufficient to cover the costs, or if the damages exceed the policy limits, you may have a right to bring suit against the neighbor. However, such claims can often prove to be complicated.
Suing Your Neighbor For Damages Caused by a Fallen Tree
In order to hold a neighbor liable for the damages to your property caused by a fallen tree, there must be proof that the neighbor was aware that their tree was unsafe. This requires proof of either actual notice (did you previously point out concerns about a tree, and ask your neighbor to resolve it?) or constructive notice (should the neighbor have known, in the exercise of reasonable care, that their tree presented a risk of danger?).
The mere fact that a tree falls does not necessarily imply negligence. If an otherwise healthy tree or limb fell during a bad storm, the homeowner may be able to rely upon an “act of God” defense.
As a property owner, one has an obligation to regularly inspect their property and remove or repair anything that may present a risk of harm to others. Signs of tree damage might include trunks that are tilted and leaning, signs of disease, limbs that are bare of leaves, or visibly apparent cracked and broken limbs. Proof that the neighbor was aware of such concerns may be indicative of negligence.
Consideration should also be given to the concept of “contributory negligence.” In other words, it’s important to consider whether or not your actions contributed to the scenario that resulted in damage. As a general rule, if a tree limb protrudes on your property, and presents a possible risk of harm, you have the right to exercise “self help,” and remove it yourself before it causes damage. Your failure to take such preventative actions may be a defense to your claim. If at all possible, we encourage you to attempt to work out any problems with your neighbor before you take maintenance in your own hands.
In order to bring a claim against your neighbor, all of this must be thoroughly investigated. Since these types of claims can become very complex, it is likely in your best interest to work with an experienced attorney throughout the process.
Avoiding a Lawsuit Due to a Fallen Tree
It’s important to keep in mind that you could be found responsible if your own tree causes damages to a neighbor’s property.
The best way to avoid such a claim is to prevent it in the first place, by looking for early signs of trouble and maintaining the trees on your property. (However, be aware that you would be responsible if you cause damage while cutting your own tree. Therefore, we recommend that you hire an insured professional for any significant landscaping projects.)
Looking to Pursue Compensation After a Fallen Tree Caused Personal Injury or Property Damage? We Can Help.
Tree cases can be tricky, and are frequently factually specific. Litigating a tree case can require investigation, discovery, and sometimes even requires expert proof from an arborist of tree specialist.
If you have suffered personal injury or property damage as a result of a fallen tree, please contact us for a free consultation. With upstate New York offices in Albany, Saugerties, and Johnstown, we routinely handle cases throughout a wide service area, and are experienced in litigating personal injury and property damage claims.
Ready to take the first step towards obtaining the compensation you’re entitled to? Call us at (800) 721-3553Â or contact us online to set up a free case review.
Looking for additional legal insight regarding fallen trees? The following resource is a good place to start:
Fallen Trees & NY Premises Liability for Homeowners – Learn more about premises liability when it comes to neighbors’ trees and find out what your rights are if a neighbor’s tree is hanging over your property line.
Editor’s note: This content was originally published in 2015 but has been updated as of January 2019.
