What would happen if that old tree in your yard fell over and landed on top of your neighbor’s house or car? Could you be held legally responsible for damages? There’s no definite answer, but there are some basic guidelines.
Construction
If there was construction going on, did this cause the tree to fall? If negligence was involved, such as a piece of construction equipment knocking over the tree, then the neighbor will need to be compensated. If the homeowner was operating the equipment, they will be responsible. If a contractor was at fault, the homeowner could still end up being held responsible if the contractor did not have adequate liability insurance.
Weather
No one can prevent lightning or a bad storm from toppling a tree. However, the fact that a storm took down a tree does not automatically mean that the homeowner is off the hook. It’s all about the condition of the tree and what the homeowner should have known about a potential hazard.
Healthy Trees
If the tree was perfectly healthy, normally the homeowner will not be held responsible for “acts of god”. There was no way that the homeowner could have prevented damage to a healthy tree in a storm.
Dying Trees are Unsafe
Dying trees are an accident waiting to happen. There is no way to predict when the tree will fall or what will happen when it does fall. Anyone who owns property is considered to have a duty to inspect for hazardous conditions. The court could well find that the homeowner should have been aware that the tree was damaged and unsafe. If the neighbor had complained about the tree, then he would likely prevail if property was damaged by the tree in even a slight storm. The neighbor could also file a nuisance claim about the tree in most localities, requiring the homeowner to remove the tree.
The key point is that if trees are taken care of and trimmed or removed when necessary, a homeowner is normally unlikely to be held liable for damage. Of course, each case is different and different rules may apply in certain localities. However, it’s far better to turn a potential problem limb or tree into Wood Chips in St. Paul MN than to risk a lawsuit later. Remember, wood chips in St Paul MN make great mulch for landscaping and gardens and will beautify the property!