Fallen Tree Removal Damage

[togolf1]

What is the name of your state (only U.S. law)? Texas

My back neighbor's tree fell during Hurricane Ike. It fell from the back of his lot, across a corner of my next door neighbors property and landed squarely in pool. The best I've been able to determine, each homeowner is responsible for removing the portion of the tree on their property and incurring any expenses from the damage the tree caused to their respective properties. My question is about the possible damage that could occur from removing this very large tree. It has already damaged all of our fences, and torn the liner on my inground pool. The tree is resting on its own large branches in my backyard. I'm afraid that cutting these branches will cause the tree to roll or shift in such a manner as to do damage to my next door neighbors house. Would I be liable for that damage or would it be considered collateral damage from the initial fall.

 

[Rexlan]

Difficult question. Generally there is an issue of the tree's initial condition causing the fall. If it was a good healthy tree then the damage to your property as a result of the hurricane is on your account. However, if the tree was already damaged and the property owner did not take the necessary precautions to protect adjacent property from the tree falling then there is an issue of liability on his part. In this case with a hurricane, the latter will be almost impossible to establish I think.

So long as you notify the adjacent property owners of your intent to clean your property and you use reasonable care I doubt that you can be held responsible for any subsequent damage incurred by others as a result of the clean-up. The key will be you exercising a reasonable degree of care in the removal. This does not mean that it is necessary for you to spend $50,000 to hire a sky crane or something equally expensive.

You could hire it done and make sure that the contractor is insured. That will shift the responsibility.

You should check your homeowners insurance to see if you damage is covered and not excluded by the wind damage. You may also be covered now from any liability resulting from your clean-up. Check with your agent.