Is my neighbor responsible for damage to my home

My insurance co. will not pursue subrogation for my deductible because they say he is not negligent for his tree branch that broke in a storm and pierced a hole in my roof as it was an act of God. I am out 1000. Do I have any recourse?

Asked on August 29, 2017 under Real Estate Law, Delaware

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your neighbor would only be responsible ("liable") if you can show that he was negligent (unreasonably careless) in some way. That means showing that the branch was obviously a threat--a greater threat than the average tree branch--such as it having been damaged or dead and therefore more prone to fall...and, as stated, that the enchanced risk or threat was obvious to your neighbor. If he ignored an obvious threat and did not take some reasonable protective action (e.g. having the threatening branch trimmed), he may be liable. Otherwise, though, if he did nothing wrong, he is not liable; the mere fact it was branch does not, without fault on his part, make him liable.


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