If my tree falls and damages my neighbor’s house, am I liable?

This is one of the most common questions we get asked. The short answer is that if an otherwise healthy tree is brought down by natural forces, the tree owner is not liable for damages caused by the fallen tree. If the tree, however, was sick, dead, or otherwise a hazard, and the tree owner knew or should have known the tree was a hazard, then the tree owner may be liable.

You may read that last paragraph and have more questions, such as, “What is an ‘otherwise healthy’ tree?” or “Do I have to inspect all of my trees, and if so how often?” We’re going to go over what obligations you do, and do not, have as a property owner, and what you can do if a neighbor’s tree is worrying you.

Your duty as a tree owner

Let’s start with your obligations, or duty, as a tree owner. A tree owner has a duty to remove trees that present a hazard to others. A tree is a hazard if it is sick, dead, or otherwise creates a dangerous condition. You are not required to conduct periodic inspections of your trees, but you are required to remove hazardous trees if you know or should have known they were a hazard.

Let’s use some examples to explain the "knew or should have known,” part. You probably would not be expected to notice that a tree 500 feet from your home, in the back woods, in an area you don’t walk through, was dead. But you would be expected to know that a tree right next to your driveway was dead.

You also “know” something if you are told. So while you would not be expected to notice a dead tree 500 feet from your house, you would know about that dead tree if your concerned neighbor emailed you a picture of it.

It may be obvious that a tree is dead, but what about the more generalized requirement that you remove a tree that, “otherwise creates a dangerous condition?” There’s not a hard rule here. Courts have held that a tree owner should have known a tree was a hazard when the tree appeared healthy, but was surrounded by dead and rotting trees. They have also held that a tree owner should have known a tree was a hazard when it was leaning, swaying, and had dropped several large limbs. On the other hand, courts have also said that the mere fact that a tree is leaning, without other evidence, is insufficient to establish that the tree owner should have known the tree was a hazard. Again, there isn’t a hard rule here.

What to do if you think your tree is a hazard

If you think your tree may be a hazard you should call an arborist to assess the health of the tree. The arborist will also look at things like root structure, soil conditions, and other factors that determine if the tree is a hazard. In some places the city will send an arborist out to assess if the tree is a hazard for free.

If the arborist determines the tree is not a hazard you should be safe from legal liability if the tree falls. While an arborist report doesn’t grant you legal immunity (the arborist could be wrong, after all) it’s very strong evidence that you as the tree owner performed your duty. If you have a neighbor who is worried about the tree, send them a copy of the report to reassure them.

If the arborist recommends removing the tree you should remove it. If the tree falls and damages something, or someone, the arborist report would be very strong evidence that you knew the tree was a hazard. On the bright side, having an arborist report that states that a tree is a hazard should make it very easy to get a permit, if you need one, to remove the tree.

Let’s review. You are not required to inspect all of your trees, but if you knew, or should have known, that a tree was a hazard, and you didn’t have the tree removed, you could be liable for damages caused by the falling tree. If you think a tree might be a hazard have an arborist look at the tree and follow the arborist’s advice.