tree near road may fall.. are we responsible?

[inplaistow]

What is the name of your state (only U.S. law)? NH
We have a big tree that is 26 and a half feet from the center of the road (6 feet in on our property) on our property. It is sagging quiet a bit and if it was too break from the upcoming snow storms it would land onto the road above. It would cover the road, it is a big tree. It is surrounded by other trees . (Wood area) Our question is if it were to fall on to the road or God forbid onto a car that happened to be in the wrong place at the wrong time, would we be responsible? You can't tell anything is wrong, unless it was brought to your attention, it is still high above the road, but I have noticed it sagging a lot and can imagine a good amount of snow bringing it to snap in half. Question 2.. if we wanted to cut it so that doesn't happen do we pay for the removal of it or the town? Thanks.

 

[JETX]

Our question is if it were to fall on to the road or God forbid onto a car that happened to be in the wrong place at the wrong time, would we be responsible?

Since you clearly recognize a hazard exists, your failure to remove the hazard could be found to be negligence. If that happens, yes, you would likely be found liable.

if we wanted to cut it so that doesn't happen do we pay for the removal of it or the town?

Check with the town, but likely YOU would be liable for removal of YOUR tree.