It’s fairly common for homeowners to have 1 or more trees on their property. Trees are often seen as valuable because they offer shade and can be an attractive addition to your landscape. However, trees can also cause significant damage if they fall over.
Trees can fall for a number of reasons, including old age, poor soil condition, insect infestation and storms. Many homeowners are left confused as to who’s liable and what steps to take when a tree falls and damages their property or the property of their neighbor.
Who’s responsible for damages from a tree?
Who’s responsible for damages from a fallen tree depends on whether or not the tree was healthy before it fell?
In cases where the tree fell from natural causes, such as a storm, and was healthy prior to the event that caused it to fall, the homeowner whose property sustained the damage from the tree is responsible for filing a claim with their own homeowner’s insurance.
Liability for damages is different, however, if the tree fell over due to negligence. Some instances in which a homeowner could be found negligent for damage to their neighbor’s property from a fallen tree include:
- If the tree was diseased or dying and the homeowner was aware of its condition before it fell
- If the homeowner was attempting to cut down the tree without the help of a professional
It’s generally considered a homeowner’s duty to maintain the safety of the trees on their property and ensure that all dying or diseased trees are removed to avoid damage. In cases where the homeowner neglected their duty to maintain the health of their tree or have a dying tree professionally removed, they are liable for the damage that tree causes to their neighbor’s property.
The claim process for tree damage
In cases where a homeowner is liable for the damage caused to their neighbor’s property from a fallen tree, that homeowner will need to check with their insurance company to see if they can file a claim to cover the damage to their neighbor’s property. Some homeowner policies do not cover claims if negligence was involved, so you’ll have to check with your insurance company to find out the details of your coverage.
If your insurance policy does cover the damages, your insurer will investigate the claim and pay the appropriate damages based on your policy limits. Keep in mind that even if your insurance policy covers claims involving negligence, it still may not cover all damages. For example, some policies may cover damage to physical property but not the surrounding landscape.
Any tree damage to your neighbor’s property from negligence that isn’t covered by your homeowner’s insurance will need to be paid out of pocket.
What to do if you suspect you have a dead or dying tree on your property
While many of us are living busy lives and don’t always have the time to adequately care for and monitor the conditions of the trees on our property, it’s much more cost effective to pay a professional to prune and care for your trees on a regular basis than deal with the potential costs and legal fees that can result if your dead tree damages your neighbor’s property.
If you believe you have a tree that is already dead or dying, be sure to hire a professional to remove it as soon as possible.
Costs from the damage caused by a dead tree vary widely and can add up rather quickly, so if your dead tree falls on your neighbor’s property, it’s always best to talk to them immediately and agree to settle the matter out of court whenever possible.