Who is Responsible When Your Tree Falls Down?

Proper Plant and Arbor Care May Keep You from Being Liable

Nov 9, 2008

Many homeowners think that if their tree falls onto a neighbor's property that it's an act of God and they won't be responsible - this may not be the case.

Most of us have fond memories and thoughts of trees. Perhaps it was hiking along a granite embedded trail edged with aspen, or the first scent of a eucalyptus leaf while retrieving a ball stuck in a playground tree. Does your mouth water at the thought of a juicy Gala apple?

While these memories may be nice, most homeowners are unaware of the legal responsibilities that exist when they have trees growing on their property – especially those situated along the borders, or extremely large trees which are capable of inflicting great damage.

All it takes is a storm with 50 mile-per-hour winds and rains causing ground saturation for the prized tree to become a nightmare. It’s one thing when the giant wooden creature falls neatly inside the borders of the property it’s sited on, but the situation changes quickly when it falls onto the property of a neighbor.

When this happens and there is a question of liability, insurance companies may become involved and a Certified Arborist may be hired as an expert witness. The court system may have to settle disputes. Friendly relations between neighbors can change quickly – the second the tree hits the roof, car, fence, or dog house with Fido inside.

The general consensus is that landowners are bound by a duty of care, which is determined by principles of negligence. This means that trees must be routinely maintained and inspected in such a way to prevent injury to a neighbor’s property and or person.

Also, if a homeowner has knowledge of an obvious defective condition of a tree, which could result in possible bodily harm, the tree owner is held to even a greater duty of care and diligence to discover and rectify any possible tree failure.

Interestingly, there may be a difference in liability for a tree of natural growth (not planted by man) and one planted by the existing landowner or predecessors. For instance, if a Eucalyptus tree in a hedge row falls onto a neighbor’s property the landowner would probably be responsible. However, if a 200 year old Valley Oak had a crown that split apart, thereby causing damage, the ruling may be different as the tree was of natural origin.

The term act of God is often resorted to in legal battles, when it comes to damage inflicted by trees. However, the term will usually not apply, and a homeowner will generally not escape liability for damages caused by a diseased or otherwise unsound tree – that could have been prevented by the aforementioned reasonable duty of care.

Please note that this article is not offered as legal advice and that while previous court cases can create precedence, outcomes will vary from case to case.

The copyright of the article Who is Responsible When Your Tree Falls Down? in Tree Care is owned by Rod Whitlow. Permission to republish Who is Responsible When Your Tree Falls Down? in print or online must be granted by the author in writing.