Who in Ohio pays when a neighbor’s tree falls on your property? What state law says
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Trees can create a lot of damage if a storm rolls through. High winds can snap them in half or carry them away into someone else’s yard. Heavy rain can rot them and make them lean or fall over.
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 Ohio law says about that:
Who in Ohio is responsible if a neighbor’s tree falls on your property?
According to the Lardiere McNair and Stonebrooke law firm website: “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,” as stated on the law firm’s website.
Negligence of this may also depend on where the Ohio resident lives, according to the Ohio Bar. 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. 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.
So, who does cleanup and pays for damages?
“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?
