Who is responsible in MS if a neighbor’s tree falls on your home? What state law says
South Mississippi is no stranger to storms, especially during hurricane season. Occasionally, strong winds and heavy rain can cause trees and branches to fall and cause damage to your home.
So, if a tree or a branch from someone else’s property falls and damages your home, who pays for the repairs?
Here’s what experts and state law says.
Who’s responsible if a neighbor’s tree falls on your MS property?
In most cases, the homeowner or homeowner’s insurance is responsible for covering costs related to tree damage.
In Mississippi, the courts don’t impose liability on a tree owner for anything attributable to “natural causes,” according to the Mississippi Forestry Commission.
“Such acts are generally defined as some inevitable accident ‘due directly and exclusively to natural causes without human intervention, which could not have been prevented by the exercise of reasonable care and foresight,’” experts said.
In rare situations, a property owner may be able to prove negligence of a neighbor if they failed to trim dead or unhealthy tree limbs. In that case, the neighbor or tree owner may be subject to repair costs, according to the Independent Insurance Agents of Mississippi.
How to lessen the risk of tree damage
Here’s how you can keep your property safe from tree damage, according to the Mississippi Forestry Commission:
1. Become aware of any hazard trees
2. Be proactive in tree care and maintenance
3. Have a professional inspection of any trees you think may cause damage
