Who is liable when a neighbor’s tree falls on your property? Here’s what MS 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 Mississippi?
According to the Mississippi Forestry Commission: “Mississippi courts do not impose liability on a tree owner for harm caused by an act of God,” which includes lightning, winds and floods.
In addition, it will be difficult to prove negligence of a neighbor because courts don’t think it’s necessary to let others know when a danger is “open and obvious.” Thus, any question of doubt will be left up to a jury.
If you can prove the tree owner failed to take care of the tree, for example didn’t address dead or diseased limbs, the tree owner will be liable.
“You may claim negligence if the tree has been dead on their property for ten years, but proving this to an insurance company can be difficult,” according to Independent Insurance Agents of Mississippi.
So, who would pay for any damages?
The homeowner, not the tree owner, would pay for damages, according to Mississippi Independent Insurance Agents. However, the good news is that your insurance company should pay up to policy limits for the damages after you file a claim.
Have any more questions? Comment below or email me at cmadden@mcclatchy.com
