Who's responsible when my neighbor's tree falls on my roof?

http://blogs.consumerreports.org/home/2 ... putes.html

I remembered a recent thread on this topic, so when I came across this I figured I'd post it for reference.

[MDPhDWife]

Re: Who's responsible when my neighbor's tree falls on my roof?

I've seen more than a few cases like this on the People's Court. Based on what I've seen, Judge Millian will often rule in favor of the plantiff who's property got damaged by the neighbor's tree.

[GrayMatterWife]

Re: Who's responsible when my neighbor's tree falls on my roof?

Oh, man!! I SO wish I'd paid more attention in my first-year law school torts class. I think I remember that there are a whole ton of cases on this exact issue!! It's kind of like the abundancy of slip-and-fall cases--it happens a lot.

Maybe one of the other lawyers/paralegals on the site would know...

[Cumberland]

Re: Who's responsible when my neighbor's tree falls on my roof?

Ok, I didnt read the article but I did ask my dad about this one and he told me a tree falling from someone else's yard in a storm constitutes an act of god which means it is up to the property owner with the damage to fix. Now I am going to go read the article.

Re: Who's responsible when my neighbor's tree falls on my roof?

BTW, the neighbor who actually owned the tree causing all the damage, never even acknowledged it. Legally, he didn't have to do anything, but had the situation been reversed, I would have atleast apologized!

That stinks! I agree Laura - at least say "Wow - I'm sorry." Our neighbor did that when our basement flooded, and we realized it was due (in part) to the fact that their sump pump drain actually crosses the property line into our yard. He didn't dig it that way - our builder did! But he told us several times how badly he felt, and offered to help with the work of correcting the grading.