If a tree was downed due to a storm who is responsible for the damages?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a tree was downed due to a storm who is responsible for the damages?

I had a tree fall into my neighbor’s yard during a storm with 60 mph winds. The tree was solid. He doesn’t have insurance and wants me to pay. Who is responsible for the tree and damages?

Asked on April 11, 2019 under Real Estate Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your neighbor is responsible for paying for his own damage (or if he had insurance, he could have submited a claim to his own insurer). A homeowner is NOT resonsible for all damage done by trees from his property; he is only resposible if he was at fault in some way in causing or contributing to the fall and damage. So if the tree was visibly sick, ill, dying, dead, leaning as if ready to fall, etc. and he failed to take appropriate actions (having it trimmed or cut down), then he would be liable, since it is careless or negligent to not take reasonable steps to avoid a known threat. But if the tree was sound and was only knocked down by excessively high winds, that is not the homeowner's fault, he did nothing wrong, and is not liable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption