Falling Tree Question Homeowners vs Commercial Property. Who pays for damages? Who pays for tree removal?
If tree limb falls into private yard from commercial property tree, and does damage a building. Who pays for damage, and who pays for tree removal? If no bldg damage, who pays for tree removal? If limb (or tree) falls into my yard from my neighbors and damages my property, who pays for damage and who pays for tree removal. If neighbor's tree falls into my yard, but does no damage to my property (just makes a mess), who pays for tree removal? Concensus of some of my co-workers is that the owner of the tree isn't liable for anything, nor is his insurance company. We are in NJ, and I know State Laws vary, but this last bit of thinking doesn't seem logical. Ok you CPCU's, ARM's, and CIC's put on your thinking caps. Thanks.
I guess my question is if your a commercial business in a average sized town, isn't it prudent to keep your trees cut back to avoid confrontation with residential neighbors? She could go to the local building dept and complain. She sounded kind of old on the phone, so she may be a senior citizen with limited funds. Oh by the way, we are an insurance agency and the tree borders our parking lot and hangs over a fence into her yard
The owner of the building damaged typically is responsible for the damage to the building, and the debris removal. Usually debris removal coverage is limited to $250 or $500.
Usually, once a limb or whatever grows over your property line, that limb is your responsibility.
Removal of the tree is the responsibility of the owner of the land that the tree is on. If your neighbor's tree falls in your yard, you are responsible for the removal of the parts in your yard. Just like the leaves on his tree that land in your yard, you have to rake up.
In order for the owner of the tree to be liable for damages to your building, two things must be PROVEN: 1. That the tree was rotted, diseased, or otherwise unstable and an unusual hazard, AND, that the owner of the tree KNEW that there was a problem with the tree, and didn't fix it. It's damn hard to prove knowledge. The insurance company doesn't pay unless the policyholder is LIABLE. OH, and having a neighbor send a letter that says, I think your tree is sick, doesn't work, unless they're a TREE EXPERT.
So. You fix stuff that lands on your yard/building, regardless of what tree it came off of, or where the tree's trunk is.
Tree claims – if the tree is dead/dying and a reasonably prudent person can look at the tree and see that it is not in good health – then usually the owner of the tree is responsible for anything the tree falls on. The owner is negligent b/c he had a sick tree that an average person of average intelligence could tell was sick and did not take it down.
Like every other type of claim -it comes down to negligence. The tree owner has to have done something or not done something that resulted in the damage.
(Remember: Negligence has 4 elements: a duty owed – the duty is breached – injury/damage results and the injury/damage is proximately caused by the breach of the duty.)
If the tree is healthy – and something causes it to fall or branch to fall – then the tree owner is not responsible if it falls on something. It is not negligent to own a healthy tree.
If the wind blows a limb off the tree into your yard – it's the responsibility of the yard owner to remove the tree branch. You don't go to your neighbor and ask him to rake the leaves in your yard because the wind blew them off his tree? So why would a branch be any different.
The good news if – he happens to have a pecan tree and you happen to have a old family recipe for pecan pie – you can take any pecans that have fallen into your yard to make a pie.
References :
Insurance Adjuster 12 years, INS, AIC, and once I complete 2 more exams will be able to add CPCU
The owner of the building damaged typically is responsible for the damage to the building, and the debris removal. Usually debris removal coverage is limited to $250 or $500.
Usually, once a limb or whatever grows over your property line, that limb is your responsibility.
Removal of the tree is the responsibility of the owner of the land that the tree is on. If your neighbor's tree falls in your yard, you are responsible for the removal of the parts in your yard. Just like the leaves on his tree that land in your yard, you have to rake up.
In order for the owner of the tree to be liable for damages to your building, two things must be PROVEN: 1. That the tree was rotted, diseased, or otherwise unstable and an unusual hazard, AND, that the owner of the tree KNEW that there was a problem with the tree, and didn't fix it. It's damn hard to prove knowledge. The insurance company doesn't pay unless the policyholder is LIABLE. OH, and having a neighbor send a letter that says, I think your tree is sick, doesn't work, unless they're a TREE EXPERT.
So. You fix stuff that lands on your yard/building, regardless of what tree it came off of, or where the tree's trunk is.
References :
Agent, 21+ years, not a cpcu yet, but halfway there.
Okay, ladies (and any gents that might answer)..Good answers, but what about the DEBRIS REMOVAL? If it's a BIG tree from the neighbor's yard that falls on my house, MY Insurance will pay for MY damages, subject to MY deductible…..and there is some limited Debris Removal coverage……don't have my policy right here to say how MUCH it would pay to remove debris…..but typically, NOT ENOUGH!
I like pecan pie, by the way!
References :
Insurance agent for 27+ years (okay, AAI, LUTCF, CPIA, AAM)