Trees can help contribute to property value. They provide shade to reduce heat during hot days, make a yard more attractive and may even be a source of food in some cases. Unfortunately, trees can also be a hazard.
If they become infested with pests or die due to disease, they can detract from a property’s appearance. If the tree dies or if branches on the tree become weak, it could also cause significant property damage. Trees that fall over in windstorms and branches that drop unexpectedly can crush fences, damage roofs and leave vehicles unsafe to drive.
Can someone dealing with the aftermath of a tree-related incident hold a property owner responsible for the damage caused by a tree?
Owners should maintain their property in safe condition
Every homeowner has a degree of premises liability to consider. They typically need to take steps to keep their homes and yards reasonably safe. Trimming tree branches that have clearly died before they come down on their own is a necessary form of property maintenance in some cases. Taking action when a tree is clearly sick or dead is also important.
Even living trees can present an obvious hazard if they start growing at an angle. Property owners who fail to address dead or dying trees and limbs may be liable in situations where their trees cause property damage or injuries to others.
In many cases, homeowners insurance can help cover the cost of damages related to trees. Sometimes, it may even be necessary to go to civil court to hold a tree owner accountable for the damage that negligent care caused.
In such cases, neighbors may have to prove negligence by showing that the tree had been dead or dying for some time before the incident occurred. The extent of the damage and even the placement of the tree on the property can influence the rights of those dealing with tree-related property damage.
Reviewing the damage at length with a skilled legal team can help people find the right solution for a dispute about the property damage caused by an unsafe tree. Litigation and insurance claims related to negligent property maintenance can prove to be very difficult for homeowners to manage on their own behalf. The right information and support can make a major difference for those who need to repair their roofs or their vehicles because of a tree or branch falling on their property.
