Do You Know Your Legal Responsibilities for Downed Trees?

Property Owners' Obligations

Property owners are generally liable for injuries or damages caused by fallen trees on their property, even if the fall was caused by a storm or other natural event.

This liability extends to both public and private property, and includes both trees that fall on the property itself and trees that fall on neighboring properties.

Property owners have a duty to take reasonable steps to prevent trees from falling and causing damage, such as trimming or removing dead or diseased branches.

Neighboring Property Owners' Rights

If a tree falls from your neighbor's property onto your property, you may be able to file a claim for damages against your neighbor.

However, this is only true if the fall was caused by your neighbor's negligence, such as failing to properly maintain their trees.

In most cases, you will not be able to recover damages from your neighbor if the fall was caused by an act of nature, such as a storm or high winds.

Exceptions to the Rule

There are a few exceptions to the general rule that property owners are liable for fallen trees.

• If the tree was planted in a public right-of-way, the government entity responsible for maintaining the right-of-way may be liable.
• If the tree was struck by lightning or another act of nature, the property owner may not be liable.
• If the tree was intentionally damaged or removed by a third party, the third party may be liable.

It is important to note that these exceptions are narrowly construed, and property owners will generally be held liable for fallen trees unless they can prove that one of these exceptions applies.

What to Do If a Tree Falls on Your Property

If a tree falls on your property, you should take the following steps:

1. Ensure the safety of yourself and others by staying away from the tree and the area around it.
2. Contact your insurance company to report the damage.
3. Take photos of the damage and the tree.
4. Contact a tree removal service to remove the tree.
5. Keep all receipts and documentation related to the damage and the tree removal.

By following these steps, you can help to protect your rights and ensure that you are compensated for the damage caused by the fallen tree.