Legal question for John T.

Hello;
Here is what I need to know:

I built my home 11 years ago and my next door neighbor also built his home 11 years ago.
But....I have a very large maple tree that is 75 feet tall and leans a little towards his house/garage. If large wind storm breaks the tree and root out of the ground and the tree falls on his house/garage am I liable? Or is it just an act of God? The wind would have to be a NW wind.
What is the tree falls on his house and kills my neighbor too and destroys his house? What then.? The tree has been there longer then both homes of course.

This tree is 24-28" in diameter and 75 feet tall with limbs that start 30 feet up with a large canopy.

We had massive damage in St.Cloud, MN 2 acres 12' deep covered with slash and stumps. Hundreds of property damage issues.The following is pure layman's opinion.
If the tree is in good health and appears to the common person to be sound, tilting no more than would cause prompt concern, and stable, I think it is considered an act of God and is the responsibility of the person's property insurance on whom it fell.
If the tree was noted as defective, rotting, and in poor condition, the issue would likely be complex and settled in court.
If the tree was damaged in a storm, but not fallen. Then if it is not taken down by the tree owner, supported or trimmed/stabilized by the tree owner, then I think it is going to be the tree owner's responsibility if a subsequent storm blows it into the neighbors home.
What if a boat on a trailer was picked up and smashed into the neighbors garage. Issue would be an act of God. If the boat was placed on end against the fence barely supported, it would be the boat owner's responsibility.
My neighbor had a 20 inch ash tip toward my garage 15 degrees from its former vertical beauty.
He had the tree removed within 3 days to avoid the liability, though he might have pulled it back to straingt, it would have always been either weak, or had to have a guy wire to hold it up. Jim

Man you worry too much!, even the Bible says "worry profits a man nothing"

~Will

I dont argue with the good book but that same book says, be prudent. (or plan ahead)

I took another look at the tree and his house and the house is 50 feet from the tree. If the tree breaks off at the base only the canopy would hit his garage. The tree is 70 feet tall. Some of the limbs on the canopy are large.

laws vary by state,,,, most view a tree that was visibly healthy (no dead sections, limbs, split by lightning in past) and blow over or broke by wind as not negligence of homeowner. If any condition existed that should have may a prudent homeowner take notice and action and same blow over or broke by wind, homeowner would be negligent and would have to pay,HTH

A few years ago, my neighbor's tree fell on my garage. The tree was straight and looked healthy before that.
She that she had called her insurance company and they said that they would pay for the damages. Apparently, they thought that they had some liability there.
Since the damage was only to a few pieces of roofing, I just replaced it myself and didn't try to collect from her or the insurance company, so I never got to find out if they would have actually paid me.

Last year my neighbors tree fell on my house, and it was my responsibility. That was the way it was handled in Missouri, but every state is different. Both my neighbor and I had the same insurance company so that made it even easier to figure out who was legally obligated to pay for it. I asked several questions as to why I would have to pay, and the response I got every time was almost every time a tree falls on somebody else's property and causes damage the owner of the damaged property is responsible. The only time responsibility could be put on the other party is if there is a long trail of documentation from experts stating the tree is not healthy and is in imminent danger of falling and causing damage. Furthermore there must be written and documented communications between the two parties including notarized letters being sent signature certified mail of one party asking the other party to remove the problem tree in order to prevent future damage.

State law varies but you are potentially liable in many (most?) states.

If there is a perceived hazard your potential liability is MUCH more likely. That you question potential liability indicates that you recognize a potential hazard, which opens the door to negligence.

The age of the houses and of the tree is likely of little importance.

I would certainly insure against liability in such situation and would be inclined to remove the tree.

Dean

The question is whether a 'reasonable person' would have known that the tree posed an unreasonable risk of harm to people or property because of its condition. If it appeared to be a healthy tree, doesn't appear to be any liability. But, if it looks like it's about ready to topple, the owner of the land on which it grows may be liable for not removing it. That's Wis. law. Use your best judgment.

I think it comes down to whether a "reasoanble person" would think your tree constitutes an obvious risk to your neighbor. If you happen to know a reasonable person, you might ask him.

I happened to be watching Peoples court one day cause it was too wet to do anything and the issue of a tree causing damge to another property came up. The posters that mention the soundness of the tree are on the right track. If the tree was healthy with no visible signs of serious problems or dead limbs, etc., it's not your fault. If there are 10 other tree's in the same area that are in bad shape, it's more than likely the other tree is too. Get an aborist to check the condition of the tree and get a written copy with the date. Then you'll have some proof the tree was healthy.

One of my best friends - Dick - has 2 big weeping willows and about 4 big cottonwoods that border his property. All of the trees belong to his neighbor. 15 years ago one of the willows lost a trunk and it tore off his electrical service and smashed the corner of his roof. Dick's insurance paid for it and Dick had to clean up the tree. 12 years ago one of the cottonwoods fell on his garage and smashed the corner of it right to the ground. Dicks ins paid the cost and Dick had to clean up the mess.
4 years ago another chunk of the willow let loose and smashed his Jeep Wagoneer. Totaled it. Same story -his ins paid and he cleaned up the mess.
Last summer another trunk of the willow fell and smashed his utility trailer and left a big mess in his driveway. Trailer wasn't insured. Guess who cleaned up the mess?
Dick has been to the city, county, sherrif, ins company and attorney general and all of them have told him that the same thing - Tough Luck
The willows are multi trunk giants with each trunk about 16" at the butt. The cottonwoods are bigger yet and lean over his house and garage. It's just a matter of time...
His next door neighbor lives in Austrailia and just rents the house out. No skin off his nose.
It would cost several thousand dollars to remove all the trees and Dick wont spend that kind of $.
Dick can not legally go on his neighbors land and cut his trees down. Dick could probably sue his neighbor and force her to remove the trees. The city, county, state will not.
You all think I'm BSing or exaggerating here but I'm not.
Dick is an old retired cop. A gimp with a permanently smashed leg. About the kindest, nicest, most patient fellow I've ever known.
It is the strangest, saddest, darndest business I've ever seen.

If the tree is dead, the owner of the tree pays. If there are leafs on the tree, the tree is considered to be alive. So if your neighbor's tree is cracked in half and still has leafs, it becomes your problem not the owner's. You can however cut any part of the tree off that hangs on your property without the tree owner's permission. So get a bucket truck and cut straight up the property line. Your neighbor's tree is still your problem and your expense. Sometimes, when the tree is on a property line, good neighbors may share the expense of taking the tree down. I have a neighbor that will pay for all the expense to remove his tree if it falls on my property. I have other neighbors who won't.

To my understanding a tree called a line tree is directly on a boundary line separating two properties. This tree would have to have permission from both parties to cut it.
Anything that is within the building code (listed In my area) I cannot plant a tree or build anything within 15 ft from bordering properties.any old , ie trees that were in place before codes were passed , would be exempt. Unless it is a line tree I would make sure that no lightning damage was done to it creating inside rot that you cannot see. if it is solid and not a tree that depends on surface roots for a base it should stand strong for your lifetime .

I enjoy these legal questions and how everyone has an opinion, many of which are quite good while others may not be based on sound legal theory. The people here are great and so willing to help is one reason I enjoy these boards so much and glad to help when I can.

NOTE in my semi retired practice I work mostly now in areas of probate and eststes while negligence and personal injury is NOT my cup o tea so this is worth what Im charging NOTHING. I believe Dean and Mike would be more recent and knowledgeable in thise area then myself

I can provide you with the common law legal theory which determines if you are liable or not, but thats, of course, subject to any statutes in your particular state. Also, while the Courts job is to apply the law as stated above to the facts, its a fact question regarding the trees condition and whats reasonable under the circumstances. This question cant be answered until the law in your state is known and then its the fact finder (Judge or Jury) who has to make certain findings as instructed by the Court. ONLY THEN CAN YOUR GUILT BE ADJUDICATED so anything said here, professional or lay, doesnt amount to a hill of beans.

So, heres what the common law says. The Defendant (you) has a duty NOT to expose the Plaintiff (neighbor) to a "reasonably forseeable" risk of injury. Now the fact finder (Judge in a bench trial or jury in a jury trial) is the one who determines whats reasonable under the circumstances. If the evidence shows and the jury agrees the tree was rotten or diseased and its fairly evident a reasonable person knew or should have known the first strong wind that comes along could well cause it to fall on your neighbor and cause damage THEN YOU COULD BE LIABLE.

However, if the evidence shows the tree was in good condition and perhaps you had kept it topped etc and did all that was reasonably prudent such that it wasnt reasonably forseeable it may fall and harm your neighbor THEN YOU WOULDNT BE LIABLE.

Moral of story, use due diligence to maintain the tree (like topping or tree doctors etc) and keep good evidence of such and then if it should fall youre probably not gonna be liable HOWEVER if you dont take care of it and especially if say it leans toward your neighbor then a jury may find it was reasonably forseeable a wind is gonna bring it crashinf down on your neighbor and you could be liable

Hope this helps, this is a question for a good professional personal injury and negligence attorney in your area NOT ME OR LAY PERSONS on here

Best wishes n God Bless

John T BSEE, JD Country Lawyer

Yo Gun Man, I forgot, my free legal advice would be that you have the tree topped and have an arborist inspect it, hopefully with a report its sound, and preserve all that evidence and if it then blows on the neighbor theres a good chance you WILL NOT BE HELD LIABLE. However, if he says its in bad shape and such came into evidence at a trial yet you took no steps to correct the situation THEN YOU MAY WELL BE LIABLE !!!!!!!!!!!!!!!!!

BUTTTTTTTT No warranty

John T

Thanks for the good advice, The tree appears to be healthy and no dead spots on it.

If I was Dick, I would have all those willows and cottonwoods taken down at my own expense. If the absentee neighbor complains, I would give him the $40 check I got for the cottonwood logs.

true, one must plan ahead too..

good fortune in your decision concerning the tree