The Garden State is no stranger to turbulent weather.
From gusty hurricanes, sweltering heat waves, and freezing Northeast temperatures – we’ve seen them all. We have and will continue to deal with the consequences of cleaning up the messes nature creates.
Of the many blows that can occur during severe weather, a falling tree hitting your home is one of the scariest and hardest to clean up. But what happens if the tree that falls in your yard isn’t yours but your neighbor’s?
First things first
Before assessing the damage, discuss the condition of the fallen tree with your neighbors. When it is safe to do so, Ross Mahan Agency of Middletown recommends documenting the damage to your property. It is recommended to take photos and note the time of the accident.
If you are unsure whether your home is safe, always contact the police or fire department.
Who is responsible for the damage?
The experts at Ross Mahan Agency can answer in simple terms the question of who is at fault and, perhaps more importantly, who pays the damages.
According to an online statement from the insurance company, “If a tree falls on your neighbor’s property during a storm, damaging your home, fence, backyard shed, hot tub, pool and/or patio furniture, you may be responsible.”
Generally, liability for damage caused by a tree rests with the homeowner of the property where the tree fell. Any impact your neighbor’s trees have on your property, including the house itself, shed, hot tub, outdoor furniture, or fence, is your responsibility.
If only other landscape property, such as shrubs or other trees, is damaged but no buildings are damaged, you are still responsible for clearing debris from your property, according to Merchants Insurance Group.
When is a neighbor liable?
Cohen & Riechelson, a law firm in New Jersey and Pennsylvania, says if a neighbor’s fallen tree rots or dies, it may be considered a failure to safely maintain their property, also known as negligence. In this case, they may be held liable because they have a duty to remove unhealthy trees and provide reasonable care on their property.
Additionally, Merchants Insurance Group says if your neighbor intends to cut down their tree but does so due to negligence, they will be responsible for paying for the damage to your property.
This article originally appeared in the Asbury Park Press: Who is responsible for damage caused by fallen tree in New Jersey?