If a tree top from a tree that appears to be my yard fell onto my neighbor’s yard and smashed her picnic table and damaged her roof, should I file a claim with my insurance company or should she?

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If a tree top from a tree that appears to be my yard fell onto my neighbor’s yard and smashed her picnic table and damaged her roof, should I file a claim with my insurance company or should she?

Am I legally responsible because the tree was dead? What should I do? Whom do I call to find out if the tree is on my yard?

Asked on September 19, 2015 under Real Estate Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Since the tree was on your property, as the property owner you were legally responsible for maintaining it. As you were aware that the tree was dead, you are liable for all damages incurred as a result of the fallen limbs. Your homeowner's insurance provides coverage for negligence under the liability portion of your policy. This is the portion that will defend you.


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