legal responsibility for fallen tree damage alabama

In the early morning of 18 December 2009, a passing train collided with the stem of an ash tree that had fallen onto the railway line from the garden of an adjacent property. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. If leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up. In planned communities, the question of responsibility for damage caused by fallen trees is often posed to the owners association. These items are not considered damage. During storms, fallen trees are fixtures in metro Atlanta’s landscape. Another area of property disputes between neighbors involves disputes over trees. In some instances, this damage may be covered by your auto insurance policy.In others, it may be covered by the insurance policy of the property owner.. Every year, storms are responsible for felling countless trees and limbs. Although it is not the association's job to play arbiter if a dispute arises between lot owners, owners association board members should understand the general law regarding fallen trees. If fallen tree limbs interfere with the service wire, you’re responsible for clearing the tree limbs on your property before we can restore your power.” PG&E: If a tree falls on power lines, PG&E states: “PG&E crews or contractors will remove trees and branches that cause outages. Alabama law does not make this action a crime, although theft or property damage laws may apply. If a tree falls on your property, it is a good idea to call your insurance company to discuss the options. The Municipal Court concluded that Mr. Harris, as the owner of the tree was strictly liable for the damage caused to his neighbor’s vehicle because only Mr. Harris had the ability to maintain the tree. Even though the tree trunk is on your neighbor’s property, anything from the tree that falls onto your property is your responsibility. When a tree falls and it is a tree on your own property it can be a straight­forward application of the policy wording. When a large tree limb falls or an entire tree tips over, your car can suffer serious damage. This case involved a review of landowners’ liability for damage caused by trees falling on (or from) their land. The supported part of branch is extended over my yard and if falls can potentionally hit my house. CASE STUDY CONTINUED . Homeowners are responsible for acting reasonably in caring for their trees and other property. Alabama does not have such a law, but general Alabama criminal statutes, such as those related to theft or property damage, may apply. In the case of Jane, her policy covers her for storm, but excludes the cost of removing fallen trees where there is no damage to the insured property. What to Do . Mr. Shoemaker sued Mr. Harris claiming he was ultimately responsible for the damage caused by the falling tree. Tree Trimming in Alabama. But if that happens in your case, and you can prove that you warned your neighbor about that hazard and no action was taken, he or she may be liable for the damage that tree caused. But in the event that the damage isn't covered by insurance, who, if anyone, can be held legally at fault for damage to your ride caused by a tree? ... Who is responsible for tree limbs hanging over the property line? Legal advice on Neighbor law in Alabama ... A branch from neighbor's tree has fallen on in her yard yet extends into my yard while being supported by another tree of hers. The steps you take after a tree falls can mean the difference between headache and heartache. Unfortunately, some of those fallen trees damage homes and other property. 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