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When a tree falls from one yard into another, which of the…

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when a tree falls from...
when a tree falls from one yard into another, which of the lad owner is responsible? and should pay to remove the tree?
Submitted: 2 months ago.Category: Personal Injury Law
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Answered in 9 minutes by:
6/1/2018
Personal Injury Lawyer: Jessica B,
 replied 2 months ago
Jessica B
Category: Personal Injury Law
Satisfied Customers: 1,837
Experience: Attorney at Donald B. Linsky & Associates, PA
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Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

When a tree falls over onto a neighbor's property, that neighbor should submit a claim to his or her insurance company immediately. The insurance company is usually responsible for taking care of the damages. This is true if the tree fell over due to an act of nature. For example, a healthy tree that falls over during a tornado, hurricane, wind storm or winter storm would not be the responsibility of the homeowner. Since the homeowner living on the property where the fallen tree was rooted did not intentionally push the tree over, nature is responsible. This means that the neighbor's insurance policy should cover it under perils.

However, there are some cases where a homeowner could be held liable. If the tree fell on the neighbor's home when the homeowner was trying to cut down the tree without professional help, the damage would be the homeowner's responsibility. Also, if the tree was dying, unstable or diseased and the homeowner knew about it, he or she could be liable if it falls over on its own. He or she could also be liable if it falls over during a very light storm that would not normally knock over a tree. When homeowners know they have dying, diseased or unstable trees, it is their responsibility to take steps to prevent them from causing severe damage.

In the event a homeowner is liable for the damages, his or her personal insurance company will have to pay the damages. The insurer will have to also investigate the claim and defend the homeowner if he or she is sued by the neighbor whose property the tree fell on. If the homeowner being sued loses, his or her insurer will pay up to the policy limit for damages. For any further damages beyond that, the homeowner is financially responsible. Neighbors can also submit liability claims against homeowner policies.

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