Keep in mind that most property owners are not experts when it comes to understanding the risk potential from trees on their property, and a court would not expect them to be. Damage caused by flying debris is one of the major threats associated with a hurricane. In most cases, the answer is “no.” When such damage occurs to your neighbor’s home due to forces outside your control, e.g., weather events, your neighbors may have to file a claim with their insurer to receive a reimbursement for the damage a down tree or branches cause. If these signs have been apparent for some time, and the owner does nothing about it, then he is breaching his duty of care and would be liable if the tree subsequently falls over and causes damage. Similarly, if a tile blew from the roof of your property and caused damage to, for example, your neighbour’s car, he would have to claim against his own motor insurance. But YOUR homeowners insurance would cover the damage to your house, from storm driven objects, including the neighbor's trampoline, assuming you have wind damage coverage. One of the most difficult things to figure out, before you can even begin to fix the damage, is how you will pay for it. There is a famous thought experiment which asks, ‘If a tree falls in the forest, and there’s nobody around to hear, does it make a sound?’ This seemingly simple question has divided philosophers for hundreds of years. Other useful information can be found in: Is North Carolina a ‘No Fault Accident’ State? And if trees fall or drop branches across property lines, it can become difficult to determine who is responsible. Acts of God help to protect individuals and businesses during times of catastrophic events. Many times, your home insurance policy will at least cover some of the costs of property damage associated with storms. The contractor caused the damage and was liable; the contractor’s insurance paid for the damage. However, keep in mind that in North Carolina the laws are often complicated and may limit your recovery, such as when it is argued that there is “contributory negligence”. North Carolina General Statutes section 1-52, When Your Child Is Injured In An Accident At School. In order to pursue a case like this, you must be able to prove that the neighbor was negligent when it came to caring for the tree and knowingly created a dangerous situation or allowed one to exist. However, it would be reasonable to expect a property owner to notice multiple dead branches or limbs starting to crack and fall off. The point is simply that the person whose property is damaged during a natural event, and his or her insurer, need not always conclude that it is their tough luck to have suffered damage from a neighbour’s tree. When a tree is uprooted in a storm and damages your neighbour’s property it is unlikely you will be held liable unless your neighbour can prove that you have been negligent. No one is liable. The Nolo Law Dictionary defines an act of God as: “An extraordinary and unexpected natural event, such as a hurricane, tornado, earthquake, tsunami, or even the sudden death of a person. This may not be easy to prove, nor should it be. This could be fixing a broken roof that a tree has fallen on in a storm or damage from an earthquake. Generally you should look to your own insurance company to cover the costs of removing the tree and repairing the damage. Your neighbour will not be liable for the damage caused to your property as no-one is held responsible for damage, such as storm damage, caused by so called ‘Acts of God’. Vickie filed a claim with Consumers Energy, assuming it was responsible for the problem and should pay for her damage. Damage to vehicles will, subject to the wording of your policy, only be covered if the cover is comprehensive. In most states, if your tree or any part of it falls on your neighbors’ property and causes damage to their property through no fault of your own (due to a snow storm, winds, hurricane, or another so-called “act of God”), you are not responsible. For example, if your neighbor’s tree was diseased or the large limb that broke your fence was dead before the storm happened and should have been removed some time ago for reasons of safety, this may constitute negligence on the part of your neighbor and they may be liable for the cost of your property damage. In conclusion, if your condominium suffers damage due to a hurricane or another storm event, the association will need to consult with its insurance agent and its legal counsel to determine if the damage suffered was due to a casualty, or insurable event, and thereafter decide who will need to repair the damage and pay for the costs of such repair. Social Media Addiction, Injury Claims And North Carolina Law. So, it must be quite obvious that the tree was dangerous or there must be documented proof showing it was brought to their attention. Most operate 24-hour emergency helplines, and you should call them before you do anything. Who’s Liable? If your neighbor is found liable, your insurance company can cover your repair costs and then seek reimbursement from your neighbor’s insurer. If after having this discussion you feel that you’re going to be inadequately or unfairly reimbursed, then talk with your lawyer about possible options. When it comes to property damage caused by a storm, you should always check with your insurance company before filing a lawsuit. With many homeowners now faced with the clear-up operation, who do they approach to cover the costs of repairs? Again, a common example is falling trees or tree limbs, which can be extremely dangerous and even fatal. Dealing with property damage after a storm can be an exhausting, confusing, and expensive process. There are other cases where the owner of the tree (the owner of the land where the tree is planted) is responsible for property damage or even bodily injury despite a storm. These damages are determined uncontrollable and unpreventable. Check your policy and see what it covers. When Alectra Utilities is Responsible In a typical underground installation, we’re responsible for the wires running underground from the transformer on the public easement to the meter base as well as for the meter. June 21, 2018. Again, a good attorney should be engaged to help you recover the most possible from your claim. However, it isn’t always the case. If your insurer refuses to pay for these items you can be landed with fairly substantial repair costs. there are specific requirements for homeowners insurance relating to coverage for hurricane damage and flood damage and it’s important that you speak with your agent to make sure you are adequately covered by your policy. An exception to this, attorney Steve Goldman with The Goldman Firm said, is if the tree is visibly diseased or damaged. How Will My Injuries Claim Be Impacted By The Outcome of A Criminal Case Against The Driver Of The Other Vehicle? Hail storm. Meaning your neighbor's insurance would pay for the damage. A “statute of limitations” is a state law that puts a strictly-enforced limit on how much time can pass from the time when the damage occurred before you must file your case in court. It’s one thing to have your property damaged by a storm or hurricane, but it can be even more traumatic if you or a member of your household was injured during the event. We extend our sympathy to those in community titles schemes who are experiencing difficulties because of the storm. Understanding who is responsible for the damage can help you receive funds to cover the cost. If not - say a storm knocked your healthy tree onto your neighbor's house - your neighbor will likely have to file a claim through his or her own insurance. There are other cases where the owner of the tree (the owner of the land where the tree is planted) is responsible for property damage or even bodily injury despite a storm. When it uprooted, the roots pulled out some of the boundary fencing, which is their neigbour's responsibility, and the toppelled over fence post damaged the … You're misuing the word "liable". A practical aside – check your home insurance policy carefully as items such as your fences and driveway may not be covered. Unfortunately she does not carry liability insurance. If the dangerous tree or branches causes damage in a storm, then you may be liable. And because trees can cause so much damage when they fall, keeping an eye on both the trees on your property as well as those in your neighbor’s yard is an important part of keeping your home safe and free from storm damage. The owner of the tree may be responsible for damage caused to a neighbor’s property but only if it can be found that the tree’s owner failed to properly maintain the tree. Note, householders are obliged to try to minimise their losses, which means getting in an emergency glazer, or other work done such as shoring up a roof, to keep the weather out. 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