Who's responsible for moving a tree that fell on my business property?
There was a storm that came in. When we return to work there was a tree from the home next door lying in the yard of the playground. The tree has caused damage to the fence as well as the slide. Who would be responsible for removing a tree and repairing the damages that it has caused? would that be the state of Alabama, and wouldn't that be the neighbor whose yard the tree was originally in, or would that be my responsibility since it's now in the yard of my business?
- Common SenseLv 74 weeks ago
My homeowners insurance policy states that it does not cover "acts of nature". It used to say "acts of God".
However, if the branch had signs of previous damage, disease and/or weakness, and it was in your neighbor's airspace prior to landing on your property, it is their liability. If the tree overhangs your property (prior or during it's demise) then the liability is all on you to maintain overhanging branches. At least that is what I was told by my insurance agent where I live.
- 1 month ago
I had a big limb from a tree on the edge of my property line drop on my neighbor's garage/workshop after a big storm, It caused some pretty significant damage. I nor my insurance had to pay as it was considered an act of God. My neighbor tried to get me to pay the deductible part, and even got a lawyer involved. They tried to say the limb was dead, and I had a reasonable expectation to have it removed to prevent damaging his buildings. The green leaves on the branch told a different story, and sometimes when you build your buildings(or fence/playground equipment) in order to take advantage of the shade the tree provided, you end up on the hook for the damages if God decides to throw a storm at it. Hope you have insurance and a low deductible.
- Anonymous1 month ago
I am assuming neighbor is contacting his insurance company right now to take care of this matter. Maybe talk to him and see what is up there. This is what happens when it falls in neighborhoods with houses . People talk to other people. Or yell it maintaining social distancing
- 1 month ago
Weather it was a storm or chainsaw that felled the tree it's still his/hers tree.
It's really not much different from a baseball coming thru your window, the baseball belonged to someone.
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- Obi Wan KnievelLv 71 month ago
Either way, you've got some serious responsibilities. Lemmy explain...
If your property insurance covers this stuff, your insurer will remove the debris that was once the tree and fix your fence. They may or may not go after the "owner" of the tree, depending on what the tree looked like before it fell. It's all a matter of who can prove what in court.
If your policy covers fallen trees, you'll have no problem proving that a tree fell on your property. There it is right there, there's your broken fence to prove it hasn't been growing like that for 20 years, so case closed. While most home policies cover that stuff, business policies often don't.
If you (or your insurer, doesn't matter) choose to claim compensation from your neighbour, you'll have to prove negligence in court. No court will hold your neighbour liable (legally responsible) for the damage unless you can prove their negligence. Negligence is defined as doing something a responsible person would not do, or failing to do something any responsible person would do. That's the rule in Alabama, just like it's the rule everywhere else.
In a case like this, you'll have to prove that your neighbour knew or should have known that the tree was weak and likely to fall in a windstorm than any average mature tree. The fallen tree itself doesn't prove that, because trees fall in windstorms all the time. That's part of their natural cycle, in fact. Trees are living things, and living things are supposed to die.
Is your neighbour a certified arborist or professional tree inspector of any kind? If not, you'll have a hard time proving that they should have known the tree was ready to fall. And if you can't prove that, your neighbour isn't responsible for the damage.
- Bone AloneLv 71 month ago
Take it up with your insurance. It’s an act of god so you can’t blame the neighbor or state. The exception is if the tree is dying or dead and the neighbor knows that it poses a threat then you can sue him for the deductible.
- DzeLv 71 month ago
if it fell on your side its YOUR responsibility .. you cant hold a neighbor responsible for a tree thats older than you or him likely...
- thinkingtimeLv 71 month ago
You begin by speaking to your own insurer.