If a city owned non-diseased tree falls on your property and causes damages, who’s responsible for the damage that it caused?

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If a city owned non-diseased tree falls on your property and causes damages, who’s responsible for the damage that it caused?

My fence incurred $1300 in damages.

Asked on May 18, 2017 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are responsible financially, though if you have relevant or applicable insurance, you can submit a claim. If the tree is non-diseased, there there was presumably no reason for the city to think it posed a risk or threat; if there was no reason to think it a risk or threat, they did nothing wrong by not taking action (e.g. not preemptively cutting it down) and were not at fault; if they were not at fault, they are not liable, since it takes more than ownership of something to make you liable--there must also be fault.


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