Who is liable when a neighbor’s tree falls on your property? Here’s what Ohio law says
Trees can create a lot of damage if a storm rolls through. High winds can snap them in half or carry them away.
Some trees simply fall with no rhyme or reason.
So, here’s a question for neighbors and homeowners alike: if a neighbor’s tree falls on your property, who is at fault? Here’s what to know.
Who is responsible if a neighbor’s tree falls on your property in Ohio?
According to Lardiere McNair and Stonebrooke law firm, “Ohio law states that tree owners are not responsible for the damages caused by their trees.”
However, there are some exceptions. If the tree owner was negligent, they could be responsible for damages, but proving this depends on if the tree owner knew that the tree that fell was dead or diseased.
“Negligence arises out of whether [or] not the tree owner has actual knowledge of a weakened tree,” said Chad Stonebrook at Lardiere McNair and Stonebrooke. “
Negligence of this may also depend on where the Ohio resident lives. If the tree owner lives in an urban area like Central Ohio, they are required to regularly check trees and remove any that may cause issues.
“A tree owner in an urban area is treated as though that owner has actual knowledge of the results of an actual tree inspection. If an inspection of a tree would not have given the tree owner knowledge of a weakened state, the tree owner is not liable for any damages resulting from a fall,” said Stonebrook.
If the tree owner lives in a rural area, there is generally no responsibility to check trees.
If none of these exceptions apply, many insurance companies may see the tree falling as an “act of God,” meaning because of a storm or some other natural cause.
“If it was an otherwise healthy tree that fell on your property, it falls to you and your insurer to deal with the damage and cleanup,” said Nathan Hart with the Columbus Dispatch.
Have any more questions? Comment below or email me at cmadden@mcclatchy.com
