Imagine you are sound asleep dreaming that you are on the beach drinking your favorite cocktail when BOOM, you hear a loud crash noise coming from the other side of your home. You discover a large tree has fallen on your residence. Who is responsible to pay for the damage your house sustained?

Homeowner Insurance Coverage

Most often your homeowner insurance policy will cover the damage to your home. Your homeowner insurance carrier will go after the at-fault party to recover any compensation paid to you or to any other party to repair the damage to your house from the fallen tree, this process is called subrogation. However, it is important to note that your homeowner insurance policy may not cover all of the damage.. As such you will have your own separate claim against the at-fault party.

How to Determine Who Is Liable

Typically, when a tree has fallen on a home the cause was either: contractor negligence; an act of God; or negligence by the tree owner. First you must determine if the tree was located on your property. If the tree was located on your property, then you would be determined to be the owner of the tree. If the tree was located on the property line, then both you and the owner of the neighboring property would jointly be the owners of the property.

In some cases the property boundary may be unclear or in dispute, this issue will typically need to be litigated to determine ownership of the tree.

Contractor Negligence

Contractor negligence occurs when someone that was hired to perform a job carries out the job in a negligent manner. Most of the contracts that we see in a fallen tree case are arborists. Arborists must take several precautions when cutting down trees. Failing to follow safety guidelines set out by OSHA can result in contractor negligence.

Act of God

An act of God refers to a severe, unanticipated natural event for which no human is responsible. Most of the time a tree loss will be deemed an act of God if an otherwise healthy tree falls during a severe storm.

Negligence by the Tree Owner

However, if a dying tree falls, whether it is during a windstorm or not, the tree should have been maintained or taken care of ahead of time to prevent it from causing those damages.

As a property owner, you have a legal duty to inspect your trees for defects that may result in injury to people on your property, or damage to neighboring properties. If tree damage occurs, you need to determine if you own the tree or if the neighboring property owner does. If you own the tree, then your homeowner insurance company will likely take care of the damages. It is important to note every policy is different; therefore, it will depend on your homeowner policy.

As stated previously if a dying tree falls, regardless of whether the damage occurred during a storm, it is determined the tree fell due to negligence. A landowner with constructive or actual knowledge of a tree with a in poor condition is liable for damages, injury or death caused by that tree. Knowledge of the condition is always difficult to determine; some cases, however, have held landowners to a higher standard (greater duty) of inspection to discover possible defective conditions of a tree to prevent the tree from causing problems. Tree owners in urban areas have a duty to inspect each and every tree on the premises to determine which are hazardous and have them removed. In rural areas, there is no duty to inspect natural trees, but if a person knows or should have known that hazardous trees exist, liability has held for natural trees in these areas.

As you can see it is important to routinely inspect trees on your property. If you notice a dead tree on a neighboring property, I suggest providing your neighbor with written communication documenting that you placed your neighbor on notice of the defective condition of the tree.

Hiring An Attorney

Has a tree fallen on your property causing damage? Hiring an attorney can ensure you receive the full and fair compensation you deserve. Cotter Law is here for you. At Cotter Law it is our priority to take on the fight to ensure the negligent party is held accountable. Fill out the form below or call Cotter Law today to schedule your FREE consultation at (865) 888-7155 to speak with an experienced attorney.  

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