If you have any questions or require our assistance, feel free to contact us. He can be reached at rapat vmmlegal. New York Governor Kathy Hochul has signed into law expanded protections for private sector whistleblowers, among the broadest in The New York State Department of Labor has published additional guidance regarding the use of cannabis and the workplace.
VMM is proud to announce that U. If the fallen tree is in a dangerous condition, or is known to drop branches, you may be liable to your neighbour. If you knew the tree was dangerous, for example, the tree started leaning, or an arborist recommended its removal, then you may be exposed to liability. If you think there may be an issue, notify your insurer immediately. When you are the owner of property you are liable as the home owner for any claim of nuisance or negligence made out against you.
This extends to damages if a tree on your property falls and damages another persons property and you are liable. The severity of the storm meant lots of trees blew down, and there was nothing she could have done.
Jane writes back to her neighbour and explains that as the tree was healthy, her insurer says she is not liable and she suggests they claim on their own insurance. They would need evidence to show that it was a reasonably foreseeable risk that the trees would pose a danger. Take preventative steps to address the danger posed by dangerous trees. Where trees cause damage and it is not a storm, for example your tree was dead, damaged or a species prone to having branches fall and you have a reasonable suspicion it might fall down you should take steps to address the danger.
Contact an arborist or your local council about whether the tree can be removed. If the dangerous tree or branches causes damage in a storm, then you may be liable. A wrong assumption could unnecessarily cost an association a lot of money for removal and or repair. This post is not intended to give, and should not be relied upon for, legal advice in any particular circumstance or fact situation.
No action should be taken in reliance upon the information contained in this post without obtaining the advice of an attorney. If you have questions concerning this post, please contact Justin Lewis at jml wardandsmith. For further information regarding the issues described above, please contact Justin M.
If the trunk of the tree is directly on the property line a "boundary tree" , both you and your neighbors jointly own the tree. See articles on " Neighbors and Trees " for more on this. In most American states, if your tree or any part of it falls on your neighbors' property and causes damage to their property through no fault of your own due to a snow storm, winds, hurricane, or other so-called "act of God" , you are not responsible.
Your neighbors will have to file a claim with their own property insurer if they want to be reimbursed for their loss. This will likely come as a surprise to your neighbors! But the key distinction to remember is that you weren't actually at fault. If, however, the tree that you own, or a branch from it, fell as a result of your negligence for example, an overhanging branch had been dead for years and your neighbors had been complaining about it for nearly as long but you neglected to have it cut down , you are legally liable.
If you are liable for the damage caused by your tree falling on your neighbors' property and your neighbors intend to bring an action against you in small claims or county court seeking reimbursement, you will need to pay. However, it might not have to come from your own pocket. The first thing you will want to know is whether your homeowners' insurance policy covers any amount that your neighbors are awarded. Some policies will acknowledge coverage for claims only if no negligence was involved; others will cover claims regardless of whether the policyholder has been negligent.
Some policies cover only certain kinds of damage damage to physical structures, for example, but not to the land around it.
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