The trees in our yards provide shade, aesthetics, and wildlife preservation. However, when bad weather arrives, they can also be a big hazard. The problem is often complicated when a tall tree falls onto a neighbor’s property or vice versa. Who is liable for tree damage? We have some answers and helpful tips about this situation.
Situation #1: Your tree falls with no damage done.
Whew! No damage to your house or property. But you have a downed tree. Does your insurance carrier pay for the removal? Not usually, however, if the tree is on a structure or blocking your drive or entryway, the insurance carrier will sometimes cover removal. The coverage ultimately depends upon your policy and endorsements. It’s best to contact your agent to find out.
Situation #2: Your tree damages your property.
Well, this is a bummer. Your first plan of action is to look over your policy. This situation is almost always covered, but if you are concerned it might not be, contact your insurance agent. This is important before you file a claim, as your coverage will depend upon your policy and endorsements.
Situation #3: Your neighbor’s tree damages your property.
Yikes! But fear not. Since this situation is 100% out of your and your neighbor’s control, like situation #2, your insurance policy should recover your loss. Your deductible will apply. Debris removal could be covered. Get an estimate, then file your claim.
The only time your neighbor could be at fault is if the owner of the tree is negligent. Ohio law states that if the owner of the tree knew of its weakened condition; they can be held liable for tree damage. Laws vary on this from state to state.
Situation #4: Your tree damages your neighbor’s property.
Well, this is awkward. Like in the last situation, your neighbor’s car or home policy should cover any damage they have endured. You are not initially responsible for coverage of someone else’s property unless there’s proof of negligence. This might come as a shock to your neighbors. Contact your agent if they are requesting coverage.
If you happen to be found negligible in this situation, your homeowner’s policy could be helpful. Some insurance policies will cover claims regardless of negligence, but some will not. If your policy does cover it, you might endure raising policy premiums as a result. In that case, you might consider just bearing the cost.
Use Preventative Measures
Regardless of coverage, no one wants to deal with any of these situations. They are unfortunately common, and most of the time messy in every way. Make sure you maintain the threat of a downed tree always.
Do a quarterly visual inspection of all trees on your property to look for:
- Dead Branches
- Insect Damage
- Weak Limbs
- Leaning Trees
- Possible Future Threats (hanging branches, overly large trees, soft/loose ground, etc.)
Important to Note
Above all else, the safety of your family and your neighbor’s families is most important. This comes first before any question of who’s liable for tree damage. Trees don’t just do damage to property; they can end lives. If you see a tree in your neighbor’s yard that is leaning directly over your bedroom, talk to your neighbor. It can be awkward, but be general and caring about the situation. They should understand. If they do not, they could be considered negligent and you might have to get a lawyer.
If your neighbor comes to you about a dead branch from your tree hanging above their car or any other tree concerns, try to keep safety in mind. Be rational and do the right thing for everyone involved.
Final Thoughts on Who is Liable for Tree Damage
Foremost, when a tree goes down, always make sure everyone is alright. After that has been established, check into the specs of the situation. Remember to keep a level head. Keep in mind that no one ever wants this to happen, and it’s usually no one individual’s fault. Damage can be covered/repaired.
Seeking a great homeowner’s policy that will weather you through all the storms? Contact the Greg Fay Insurance Agency! We have a helpful staff that is ready to get you the coverage you need! We shop around to get you the best deal always. Visit us today!
