Are homeowners responsible for tree care-related accidents on their property?

Legally, it is a property owner’s duty to maintain their house and yard in a hazard free and safe condition, which applies to all the trees on your property.

Trees fall for all kinds of reasons.

Severe weather, construction or just old age can topple a tree and if one of your trees hits your neighbor’s house, car or other property, you can be held liable. Whether you are responsible or not often depends on why the tree fell in the first place.

Legally, it is a property owner’s duty to maintain their house and yard in a hazard free and safe condition, which applies to all the trees on your property. This is why it is important that a homeowner inspects and maintains all of the trees on their property.

So when is a property owner liable for damages? Lets have a look at some common situations and where liability falls:

Construction

If you are building a deck, having an addition added to your house or just doing some landscaping, you may be responsible even if you are not doing the work yourself. If a contractor’s work results in a tree falling on to your neighbor’s car, you can be liable if they can prove that your negligent instructions led to the accident.

While a reputable contractor will carry liability coverage for just these types of accidents, if you hire a less than honest contractor they may be uninsured or underinsured. If this turns out to be the case, your neighbor will end up coming after you.

Always verify that anyone you hire to work on your property is insured, ask to see a current certificate of coverage.

Extreme Weather

Tornados, severe thunderstorms and hurricanes can pull your trees out of the ground and toss them around like toys. A lightening strike can cut a tree in half and send it crashing on to your neighbor’s roof. Luckily, in most cases you are not liable for damage caused by severe weather.

A homeowner cannot be held liable for what are considered “acts of god” or the more technical term “force majeure.” A tree blown over by weather falls outside of an owners ability to prepare for or predict. It is considered an accident and not the fault of the homeowner.

Dead Trees

However, if a dead tree is blown over and damages your neighbor’s house or car, you may be paying for the damage out of pocket. Property owners are expected to inspect and maintain the trees and landscaping on their property.

You should remove any dead trees before they collapse onto a neighbor’s property. If a claim adjuster determines the tree was dead and you did not remove it, any claim filed for damage could be denied. This is especially true if one of your neighbors has complained about the condition of the tree or has requested you cut it down.

The best course of action is to take care of your trees so you do not have to worry about liability if they fall.

Tree maintenance tips

Keeping your trees healthy is a responsibility you should take seriously. Here are a few tips to ensure that your trees live a long and healthy life.

Inspect them yearly – Inspect your trees at least once a year. Remove any dead or dying branches that can easily be reached. If the tree is large or there are a number of dead branches, it is best to hire a pro to trim it. If the tree is obviously dead, have it removed.

Remove any Obvious Hazards – If a branch hangs over your neighbor’s house, it is a good idea to have it trimmed back. If you ignore an obvious hazard and it eventually causes damage to a neighboring property you will be liable and there is a good chance your insurer will deny your claim.

Verify References – When hiring a tree care company be sure that you check out their references. Call homeowners who have had work done and verify they are professional and did the job correctly. Always check out their liability and workers comp insurance. Check with the local Better Business Bureau as well to make sure there are no complaints.

If you are looking for a reputable tree care company contact the Tree Care Industry Association, which has more than 2,200 member companies that are required to carry liability insurance.

Sign a contract – Be sure you have a signed contract that spells out all of the work that is going to be done along with finish dates and a total cost. Any reputable tree care company will insist on a contract.