What if Your Trees Damage Your Neighbor’s Property?

A massive storm ravaged your property, causing one of your trees to fall over and hit the neighbor’s house. Your neighbor is understandably upset, and being the good neighbor you are, you might be angry about the situation as well. You may also be stressed out about the situation because you may be scared your neighbor will take legal action against you.

So this begs the question: what can happen if your trees damage the neighbor’s house, car, fence, or other property? Can you be held liable?

It depends on the situation. Did you know the tree was dangerous but failed to do anything about it? Or was it a freak accident that you had no way of knowing would occur? Here is what you need to know and why having home insurance can help.

Accident vs. Negligence (A Known Hazard)

You may wonder: are you responsible for the damage caused by a tree on your property? For the most part, no. When damage occurs to your neighbor’s home due to weather events or other forces outside your control, your neighbors can get reimbursed by filing a claim with their insurance company. If a neighbor’s tree falls on your property and causes damage, you could file a claim against your insurer and just pay the deductible.

If it is determined that the damage caused by the tree stems from your negligence (such as dead limbs that you refused to cut down), then the neighbor’s insurance company may originally pay the claim but then ask you to reimburse it.

It is possible that your neighbor may try to bring legal action against you. However, you are generally not responsible unless you knew, or should have known, about the danger. But proving this is not easy. It’s best to come to a compromise that avoids an expensive legal process.

In any case, you should check your policy or speak to your insurance agent to see what your home insurance policy covers in terms of negligence

What is a Known Hazard?

For a tree to be considered a known hazard, it must be obvious to a reasonable person that the tree has a high chance of failure before it fails. It does not necessarily have to be evaluated by a qualified individual. A dead or leaning tree with a large cavity and decay would be considered a known hazard, as most reasonable people would be able to tell that this is a danger and act accordingly by having it removed.

A tree can only be considered a hazard if it has a target under it, such as a structure or object. It could also be in an area that a person could be present such as a sidewalk, road, or playground.

Contact Our Michigan Home Insurance Agency Today

Home insurance typically covers falling items such as trees, but there are situations in which negligence may be at play for such an event. Could you be held liable?

Hartman Insurance Agency can provide you with home insurance and help you understand what coverages apply so you can protect yourself no matter what challenges life brings. Have questions? To schedule an appointment, call (734) 999-4190 or fill out the online form.