Few things are scarier than a tree crashing down on your home during a storm. This situation is dangerous, frightening, and overwhelming, leaving you unsure of your next steps. Two of the biggest questions that arise during such a disastrous event are who is responsible when a tree falls on your home and who must deal with the damage.
We will delve into the legalities and solutions of this issue and provide useful information for affected homeowners.
Responsibility of the Homeowner
One of the first things that come to mind when a tree falls on a home is whether the homeowner is responsible for the damage. In most cases, they are not. However, there is an exception. If the homeowner knew or should have known the tree posed a risk and did nothing to address it, they could be liable. On the other hand, if the homeowner took reasonable steps to prevent the tree from falling, such as trimming or removing it, they would not be responsible for any damage it caused.
Responsibility of the Property Owner
In most cases, the property owner is responsible for any resulting damage from a fallen tree. If the tree was healthy and fell during a storm, the homeowner should file a claim with their insurance company to cover the damages. If the tree suffered from a disease and the owner knew about it, they must deal with the consequences.
In these situations, the homeowner would need to prove that the owner of the property containing the fallen tree was negligent in their duty to maintain the tree or remove it.
Responsibility of the Local Government
When determining who is responsible when a tree falls on a home, consider the local government. If the tree was on public land, local governments could be the party at fault for any resulting damage. Additionally, if the local government knew the tree posed a risk and did nothing to address the danger, it should handle the aftermath accordingly. Note that government entities have some protection against lawsuits, so suing the government can be a complicated and time-consuming process.
When a tree falls on a home, it can be tricky to determine who is responsible for the damage. However, understanding the legalities and practicalities of this issue can help homeowners protect themselves and their investments. Ultimately, the best course of action is to be proactive about tree maintenance by utilizing local residential tree care services. At Watts Tree Service, we’ll work hard to care for your trees and help you avoid accidents or legal issues.
Last modified: September 14, 2023
