Hello Customer,

Statutes are only a starting point, as we also have common law which is developed by courts through the years. In Georgia, whether the owner of a tree is liable for any such damage it causes in falling on a neighbor's property depends on whether the landowner had prior notice that a particular tree constituted a danger. The landowner is responsible only if it can be proved that he had notice of a potential problem (disease, rot, etc.) before the tree (or part of the tree) fell. So, your insurance company is probably right. Unless you were aware that the tree was ailing and that a large branch was likely to fall, you are not liable.

If your neighbor persists, tell her that you are not liable. If she decides to sue you (very unlikely), you have a defense. And you will, of course, turn that defense over to your insurance company.

Good luck to you!

Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.