Can I sue neighbor for fallen tree damage?
If a tree comes down by act of God, you cannot sue your neighbor for the damage their tree does to your property. If your neighbor's tree is dead, diseased or defective, AND you put your neighbor on written notice by certified mail, you CAN sue your neighbor is that tree does damage to your property.
Bubba: I've got an issue where during the hurricane nasty old Irma, the neighbor's tree clipped the corner of my house.
Attorney Tom Olsen: All right.
Bubba: Is there any way that I can try to convince, and I find the property is owned by a corporation of real estate type.
Attorney Tom Olsen: Bubba, let’s assumed that that was a healthy tree and it came down by act of God via a hurricane. In that situation, Bubba, any damage that tree, even though it's your neighbor's tree, any damage that tree did to your property would be your responsibility or the responsibility of your insurance company.
Bubba: It's system, okay. I figured that. However, the tree was not healthy and thus caused it to fail.
Attorney Tom Olsen: So then you would be allowed to pursue your neighbor, if and only if, you gave written notice to your neighbor that that tree was unhealthy and if it came down no matter what, you'd be pursuing your neighbor for your damages.
Bubba: Right, that would have had to have been ahead of time.
Attorney Tom Olsen: Yes, you got it.
Bubba: Yes, okay. It's really rotted out and that’s why it fell.
Attorney Tom Olsen: Okay, Bubba. I hope you've got an insurance company that can cover that damage for you.
Bubba: Yes, thanks. In any case, thanks for what you do for this community.
Attorney Tom Olsen: Bubba, thank you so much. I appreciate that. You have brightened my day.
Bubba: Keep it up.
Attorney Tom Olsen: All right, Bubba.
Bubba: Keep it up, counselor.
Attorney Tom Olsen: All right. Hey folks, my name is Tom Olsen. The name of the show is Olsen on Law every Saturday between 11:00 and noon. We're going take a break. We'll be back in just a few minutes.