Is my neighbor responsible for damage to my home

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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 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.

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