During a storm a neighbor’s tree fell on my son’s car, which property owner is responsible?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
During a storm a neighbor’s tree fell on my son’s car, which property owner is responsible?
My son only has liability insurance on the car.
Asked on March 1, 2017 under Real Estate Law, Tennessee
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It depends. Was the tree healthy? If it was dead or dying and your neighbor knew or should have known of the condition, then they were negligent for not cutting it down the tree, so they would be responsible for any damage caused by its falling. If, however, the tree was otherwise healthy an an "act of god" was the reason that it came down (e.g. due to a storm), then they bear no responsibility for the damage. Your son will have to bear the costs if your homeowner's insurance doesn't cover the claim.
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.