QUESTION
Am I liable if a tree on my property fell and damaged a neighbor's fence?
Asked on Oct 11th, 2017 on Personal Injury - Washington
7 ANSWERS
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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Maybe; Check your homeowners policy it should be covered.
Answered on Oct 12th, 2017 at 6:29 PM
Edwin K. Niles
Only if you were negligent in some way.
Answered on Oct 12th, 2017 at 6:29 PM
1 Award
Yes.
Answered on Oct 12th, 2017 at 6:29 PM
Thomas Edward Gates
No, the neighbor's home owner's insurance will cover the cost to repair the fence.
Answered on Oct 12th, 2017 at 1:38 AM
The case law might be a little uncertain, but there is one case that says you are not liable for the damage if you could not reasonably know the tree would fall [normally, unless the leaves are all dead or there is obvious disease, you would not know] but you are responsible for the cost of removing that part of the tree on your neighbor's property. You should probably check to see if the fence is on their property or accidentally on your's. There also is an older case saying if leaves and bark from your tree fall onto a neighbor's property, you are liable for cleaning it up and perhaps the damage they cause.
Answered on Oct 12th, 2017 at 1:38 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Generally, yes.
Answered on Oct 12th, 2017 at 1:38 AM
Ronald A. Steinberg
Yes.
Answered on Oct 12th, 2017 at 1:38 AM