who’s paying? Here’s what NJ law says
The Garden State is no stranger to turbulent weather.
From fierce hurricanes to sweltering heat waves to cold and easter days, we’ve seen it all. We have mastered cleaning up the mess caused by nature and we continue to do so.
Of the many impacts that can occur during severe weather, a falling tree hitting your property is one of the scariest and most troublesome to clean up. So what happens if the tree that falls in your garden is not yours, but your neighbors’ tree?
First things first
Before assessing the damage, talk to your neighbors about the fallen tree. When it is safe to do so, the Ross Maghan Agency of Middletown recommends documenting any damage to your property. It is recommended to take photographs and note the time when the accident occurred.
If you are unsure if your home is safe, always contact the police or fire department.
Who is responsible for damages?
The question of who is at fault, and perhaps more importantly, who pays compensation, can be answered simply by the experts at Ross Maghan Agency.
According to a online statement from insurance group“If a tree on your neighbor’s property falls in a storm, causing damage to your house, fence, backyard shed, hot tub, pool and/or patio furniture, you are responsible.”
Generally, responsibility for damage caused by trees lies with the homeowner of the property on which the tree fell. Any impacts to your property from your neighbor’s tree (including the house itself, sheds, hot tubs, outdoor furniture or fences) are your responsibility.
If other landscaping features, such as shrubs or other trees, are damaged but no structures are damaged, you are still responsible for removing debris from your property. Merchant Insurance Group.
When will the neighbor be responsible?
If your neighbor’s fallen tree is rotting or dead, this could be considered a failure to maintain their property safely – in other words, neglect. Cohen & Riechelson Law Firm From NJ and PA. In this case, they may be held liable as it is their responsibility to remove unhealthy trees and provide reasonable maintenance to their property.
Additionally, Merchants Insurance Group says that if your neighbor plans to cut down his tree and does so negligently, he will be liable for any damage to your property.
This article was first published in the Asbury Park Press: Who is responsible for the damage caused by a fallen tree in New Jersey?
