If your neighbor's tree falls on your house, the responsibility depends on the circumstances surrounding the fall:
- If the tree falls due to an act of nature, such as a storm, tornado, hurricane, or other natural events ("acts of God"), your neighbor is generally not liable. In this case, you should file a claim with your own homeowner's insurance company to cover the damages, as the neighbor is not at fault for the tree falling
- If the tree was diseased, dying, unstable, or otherwise hazardous, and your neighbor knew or should have known about it but failed to take action, then your neighbor could be held liable for the damage caused by the tree falling on your house. This includes situations where the tree falls during mild weather conditions that would not normally cause a healthy tree to fall
- If your neighbor was negligent, for example, if they were cutting down the tree without professional help and it fell on your house, they would be responsible for the damage
- In cases where your neighbor is liable, their homeowner's insurance should cover the damages up to the policy limits. If damages exceed those limits, your neighbor may be financially responsible for the remainder. If no negligence is involved, the neighbor's insurance may not be responsible, and your own insurance would cover the damage
- It is advisable to have trees inspected regularly by a professional arborist to prevent disputes and potential liability
In summary, liability usually falls on the neighbor if the tree was hazardous and they neglected it, but if the tree fell due to natural causes without negligence, your own insurance typically covers the damage.
