Submitted by Gregory on Wed, 05/26/2010 - 08:42
A tree on my property was blown over last week and landed on my neighbor's garage. He originally said that I (or my insurance company would have to pay for it). This was a healthy tree and I had no idea it was going to fall over. So I read your post about liability for falling trees, showed it to him and told him I wasn't negligent. So he is going to make a claim on his insurance company. Should that be the end of it or will his company try to get me to pay?
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Editor's Response
As you know, your liability for falling trees depends on whether you were negligent. Naturally, I have no idea what his insurance company will make of the matter. Your understanding of the issue is correct, however. If the tree was healthy and you had no way of knowing that it might fall, then it does not appear that you were negligent in any way. In that case, you are not responsible for the damage to the garage. If, however, your neighbor's insurance company disagrees, perhaps arguing that the age of condition of the tree should have given you waring, then it might try to collect the amount it had to pay to your neighbor from you. At that point, you would notify your homeowners insurance company and ask them to pay or defend the claim. On a related issue, depending on what type of policy you have, you may actually be entitled to compensation from your insurer for the loss of your tree. Good luck. For more general information, visit our Massachusetts Personal Injury Discussion Forum.