Zukowski Law Office
Zukowski Law Office

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Who Pays for the Damage When a Tree Falls?

As a homeowner, are you responsible for the damage caused by a tree on your property that hits your neighbor's home or other insured structure, such as a garage or shed?  In most cases, the answer is "no."

When such damage occurs to your neighbor's home due to forces outside your control, for example, weather events, your neighbors may have to file a claim with their insurer to receive a reimbursement for the damage fallen branches or a down tree causes.

There is one exception, however.  If it's determined that the tree damage stems from your negligence (for example, dead limbs that you refused to cut down, or you chose to trim your tree as a weekend project), then the neighbor's insurer may come after you to recover their loss, a process called subrogation.

You may want to check your policy or speak to your insurance agent to ascertain if your homeowners policy covers your liability in cases of negligence.

Proving what you knew or should have known can be difficult and costly in a court of law. It typically benefits both parties to arrive at a compromise that avoids an expensive legal process.


Posted 2-23-18

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Zukowski Law Office

817 Peoria St

PO Box 484

Peru, IL 61354


Phone: 815-223-3434

Fax: 815-223-3489

Email: walt@zukowskilaw.com


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Office Hours

We can be reached during the following hours:

Monday - Friday

9:00 am - 5:00 pm


After hours appointments available per request

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