ABA Family Legal Guide

Home Ownership

Property Insurance and Other Protections

Floor Wax and Dog Attacks: Liability Issues

Can I be held liable if my tree falls on my neighbor's house?

Traditionally, property owners were not responsible for damage caused by falling tree limbs and other natural occurrences on their property. However, they were responsible for damage caused by artificial conditions--for example, if a high wind blew a loose board from your lumber pile through your neighbor's plateglass window. The current trend suggests the courts are applying an ordinary standard of care to measure negligence in both cases. This means that maintaining your property in good condition is an important protection against a negligence suit.

For example, if your trees have visible rot, you should cut them down or trim rotted limbs before they can fall on your neighbor's property. Trees should be maintained well enough that short of a tornado or hurricane, the wind won't blow limbs from your place over to your neighbor's.