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Writer's pictureJames Gracia

Tree Down, Who Should You Blame: Navigating Liability

Trees are a common feature in many residential areas. They provide shade, improve air quality, and increase property value. However, trees can also become a liability when they fall. When a tree falls on your property, it can be a stressful and expensive situation. It’s important to understand who is responsible and what steps to take to protect yourself.


Property Owner Responsibility


As a property owner, you are responsible for maintaining the trees on your property. This includes pruning, trimming, and removing dead or diseased branches. However, if a healthy tree falls on your property due to a natural occurrence, such as a storm or wind, you are typically not held responsible. It’s important to regularly inspect your trees to identify any potential hazards and take action before a tree falls.


Neighbor Responsibility


If a tree on your neighbor's property falls onto your property, your neighbor may be responsible for the damages. However, this depends on the circumstances surrounding the tree falling. If the tree was dead or diseased, and your neighbor knew or should have known about the danger, they may be held liable. If the tree was healthy and the fall was due to a natural occurrence, such as a storm, your neighbor may not be held responsible.


Insurance Coverage


If a tree falls on your property, your homeowner's insurance policy may cover the damages. However, this depends on the circumstances surrounding the fall. If the tree was healthy and fell due to a natural occurrence, such as a storm, your insurance policy may cover the damages. If the tree was dead or diseased, and you knew or should have known about the danger, your insurance policy may not cover the damages.


Liability


Liability for a fallen tree depends on the circumstances surrounding the fall. If a healthy tree falls due to a natural occurrence, such as a storm, the property owner is typically not held responsible. If the tree was dead or diseased and the property owner knew or should have known about the danger, they may be held liable. It’s important to take action if you identify a potential hazard on your property to avoid liability.


Legal Action


If you are not able to reach an agreement with your neighbor regarding who is responsible for the damages caused by a fallen tree, you may need to take legal action. This can involve filing a lawsuit against your neighbor or taking them to small claims court. It’s important to consult with a lawyer to understand your legal options and the potential outcomes.


Preventing Fallen Trees


The best way to avoid liability and damages caused by a fallen tree is to prevent it from happening in the first place. Regularly inspect your trees for any potential hazards, such as dead or diseased branches. Remove any hazards as soon as possible to avoid the risk of a fallen tree. Consider hiring a professional tree service to inspect and maintain your trees.


Conclusion


When a tree falls on your property, it can be a stressful and expensive situation. As a property owner, it’s your responsibility to maintain your trees and identify any potential hazards. If a tree on your neighbor's property falls onto your property, your neighbor may be responsible for the damages. The best way to avoid liability and damages caused by a fallen tree is to prevent it from happening in the first place. Regularly inspect your trees and remove any hazards to avoid the risk of a fallen tree.


Don't let hazardous trees put your property at risk! Call New Leaf Tree Service today at 218-232-8417 for a FREE estimate on tree removal in Nisswa, MN. Our team of experts will safely remove any unwanted trees, leaving your property looking pristine and worry-free.


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