Property Owners Liability for downed trees?

[VSPeck1]

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

My neighbor has several trees that are damaged. One was hit by lightning some years back and a limb hit our roof and broke a rafter. fortunately we did not have to file an insurance claim. now that tree and an adjacent tree are leaning badly and if one of them falls, it will likely hit the corner of our house. We have asked the homeowner if he intends to take the tree down and he told us that if we wanted to take it down we could, but he does not intend to do so. Our neighbor on the other side of us told us that if we went to our lawyer and had our lawyer send him a certified letter that we were concerned about the tree, etc and asking him to please do something about it and he didn't, that if it ever fell on our house, it would be his homeowner's insurance that would have to pay for repairs to our house. has anyone ever heard of anything like this? How would you suggest I deal with this situation?

 

[justalayman]

for a person to be liable for damage caused by a tree of theirs that falls, they have to be aware the tree is dead or diseased and is likely to cause damage. That is what your letter is doing; putting them on formal notice that their trees are a hazard. That way, if something does happen they can't claim ignorance of the condition.


If a tree that is not seen to be a hazard falls, it is an act of God and there is no liability on the owner. If a tree that is known to be a hazard, or should have known, they are liable for the damage it causes.

 

[VSPeck1]

Do you think it should be sent by our lawyer or do you think simply a certified letter from us would be sufficient? I have an appt with my attorney for another matter next week and if this should be brought up, I could do it then.

 

[justalayman]

letters from lawyers are scarier and often evoke more of a reaction that a letter from Joe Schmoe, neighbor. As such, it might stir the neighbor to actually remediate the threat.

If it came to a suit for damages resulting from a fallen tree there is no difference. Notification is notification.