Fallen Tree Damage—Who Pays?
作为房主, are you responsible for the damage caused by a tree on your property that hits your neighbor’s home or other insured structure, 比如车库或棚子?
In most cases, the answer is “no.”
When such damage occurs to your neighbor’s home due to forces outside your control (e.g., 天气事件), your neighbors may have to file a claim with their insurer to receive a reimbursement for the damage a down tree or branches cause.
There is one exception, however.
If it is determined that the tree damage stems from your negligence (e.g., dead limbs that you refused to cut down, or you chose to trim your tree as a weekend project), then the neighbor’s insurer may come after you to recover their loss—a process called subrogation.¹
You may want to check your policy or speak to your insurance agent to ascertain if your homeowners policy covers your liability in cases of negligence.
当邻居起诉
Some neighbors may seek to bring legal action against you, though often that is unnecessary.
First, determine what municipal laws are in place to cover such instances. Generally speaking, you are not responsible unless you knew, or should have known, about the danger. Proving what you knew or should have known can be difficult and costly in a court of law. It typically benefits both parties to arrive at a compromise that avoids an expensive legal process.
1. The information in this material is not intended as legal advice. Please consult legal or insurance professionals for specific information regarding your individual situation.
The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. This material was developed and produced by 消费品套件 to provide information on a topic that may be of interest. 消费品, 有限责任公司, is not affiliated with the named broker-dealer, state- or SEC-registered investment advisory firm. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or 出售任何证券. 版权 消费品套件.
