tree vs. fence

[amyschmidt]

What is the name of your state? texas
my neighbor's fence was damaged by a branch from my tree during a storm.my insurance would not cover the damage to her fence.now she is threatening to take me to small claims court for the repairs.she does not have insurance coverage on her home.am i responsible for the cost of repairs?

 

[seniorjudge]

Q: am i responsible for the cost of repairs?

A: Yes.

 

[divgradcurl]

What is the name of your state? texas
my neighbor's fence was damaged by a branch from my tree during a storm.my insurance would not cover the damage to her fence.now she is threatening to take me to small claims court for the repairs.she does not have insurance coverage on her home.am i responsible for the cost of repairs?

Was there anything about the branch or tree that would have lead you to believe that the branch could come off? In other words, was the branch dead or dying, or hanging loose? Is the tree diseased or dying?

 

[amyschmidt]

the tree is alive and healthy.the branch was alive and fully attached before the storm hit.

 

[amyschmidt]

why am i responsible for the repair of the fence if she chooses not to carry insurance?

 

[Ozark_Sophist]

No, you are not responsible for an act of god. Had the limb been diseased or dead, you might have some liability. If your neighbor does sue, she has to prove the tree limb was a hazard.

I believe SeniorJudge misread your question.