# Storm damage liability

**URL:** <https://boards.straightdope.com/t/storm-damage-liability/642824>\
**Category:** In My Humble Opinion\
**Created:** [December 3, 2012, 4:56am UTC](https://boards.straightdope.com/t/storm-damage-liability/642824 "2012-12-03T04:56:35Z")\
**Posts on this page:** 5\
**Page:** 1

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**Author:** ![jackdavinci](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackdavinci/32/3259_2.png) [@jackdavinci](https://boards.straightdope.com/u/jackdavinci)\
**Post date:** [December 3, 2012, 4:56am UTC](https://boards.straightdope.com/t/storm-damage-liability/642824/1 "2012-12-03T04:56:35Z")

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If a tree falls and damages my property during a storm, does it matter which property the tree came from? New York, YANML.

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**Author:** ![Emtar\_KronJonDerSohn](https://avatars.discourse-cdn.com/v4/letter/e/58956e/32.png) [@Emtar\_KronJonDerSohn](https://boards.straightdope.com/u/Emtar_KronJonDerSohn)\
**Post date:** [December 3, 2012, 5:19am UTC](https://boards.straightdope.com/t/storm-damage-liability/642824/2 "2012-12-03T05:19:21Z")

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I don’t know about New York specifically, but in most places property owners have no liability for damage caused by falling trees.

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**Author:** ![SCAdian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/scadian/32/3292_2.png) [@SCAdian](https://boards.straightdope.com/u/SCAdian)\
**Post date:** [December 3, 2012, 5:58am UTC](https://boards.straightdope.com/t/storm-damage-liability/642824/3 "2012-12-03T05:58:09Z")

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Sandy dropped a tree on my car. It was the neighbours’ tree; my insurance paid for my car, the fence wasn’t worth worrying about, and the neighbours’ landlady took care of removing the tree.

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**Author:** ![Dereknocue67](https://avatars.discourse-cdn.com/v4/letter/d/6de8d8/32.png) [@Dereknocue67](https://boards.straightdope.com/u/Dereknocue67)\
**Post date:** [December 3, 2012, 9:20am UTC](https://boards.straightdope.com/t/storm-damage-liability/642824/4 "2012-12-03T09:20:55Z")

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It depends. If a storm topples a neighbor’s healthy tree onto your property it’s considered an act of god with no liability.

If the tree was diseased then the insurance company may start an investigation to determine if the neighbor was or should have been aware of the tree’s condition and whether their inaction in removing it prior to the storm contributed to the tree falling.

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**Author:** ![Inigo\_Montoya](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/inigo_montoya/32/124_2.png) [@Inigo\_Montoya](https://boards.straightdope.com/u/Inigo_Montoya)\
**Post date:** [December 3, 2012, 3:04pm UTC](https://boards.straightdope.com/t/storm-damage-liability/642824/5 "2012-12-03T15:04:15Z")

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Yup. Unless your neighbor’s tree was clearly at risk of falling, such that any reasonable person would take measures to remove it, there is no liability if it falls on you and squashes you flat.

There is a big difference between “shit happens” and negligence/liability.