Who is liable if a neighbors tree falls on my property causing damage to a vehicle?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Who is liable if a neighbors tree falls on my property causing damage to a vehicle?

Asked on November 29, 2012 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As a general rule, if a neighbor's tree was healthy and blew down in a storm then they are not responsible for any dmage that was caused. It was an Act of God. If, however, the tree was dead/dying and fell, then they are responsible.

It all comes down to negligence. What did the neighbor do or not do that caused the damage? So, for example, was the tree visibly sick or ailing; was it too top heavy generally; were its roots damaged by anything the neighbor had done (such as by cutting into them to insall a patio, walkway, etc. nearby); was the tree leaning before it fell? If so, then the neighbor was negligent; they had a responsibility to take the tree down since it was a hazard that they knew or should have known of.

On the other hand, if the tree was healthy the neighbor did nothing wrong. It's not negligent to own a tree. You can't hold someone liable unless they were negligent and you can't impose liability if they had no way of knowing of the danger.

So you will have to prove negligence on the part of your neighbor's, in order to impose financial responsibility on them.

As for your car, your coverage may be an issue. You would have to have comprehensive (fire, theft, vandalism, falling objects, glass, etc.) in order for it to be covered. If you don't have this coverage, you'll have to pay for the damages out-of-pocket if you can establish liability on you neighbor's part.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption