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I live on land that abuts a state park. There are some trees that overhang the property line and look like they may fall down some day. If one of those trees falls on my car in my driveway could I sue the state for damages? Thanks.

Sovereign immunity in MA

Unless you can show that the state, or any property owner for that matter, was somehow negligent with respect to the tree that fell, there is not likely a valid claim.  For example, if the tree was diseased and obviously likely to fall down, the the owner of a tree may have some duty to you, the neighbor, to eliminate the risk.  Beyond that, trees fall down once in a while, after a storm for example, that does not mean the owner of the tree was negligent.

Also, whenever a party attempts to sue the state of MA, there will be issues related to sovereign immunity.   Although Massachusetts has waived sovereign immunity with respect to many types of actions against it and our cities and towns, there are still limitations and special procedural requirements.  Talk to an attorney if you think you have a valid claim.

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