Fallen Tree Liability
Property owners often ask “Who pays when a tree falls?
Laws vary by state but in Ohio the owner of the tree (located on their property) is not liable for damages from a tree falling.
In 1998, an Ohio Appeals Court ruled that property owners can only be held liable for damages caused by falling trees if they are found to be negligent. To that end, someone suing a neighbor for damage caused by their falling tree has to prove the neighbor was aware the tree posed a “patent danger” of falling.
A “patent danger” is danger that is obvious and easy to see, according to LSD.law. In the case of trees, that likely means obvious rot or structural deterioration. If an otherwise normal-looking, healthy tree falls onto your property from your neighbor’s yard, you likely have no legal recourse to sue them.
The very next question is often “If my neighbor’s tree falls and hits my property and causes damage, I have to pay for it?”
The short answer is yes. If you have insurance and the amount of damage was more than your deductible, then you could file a claim. We are not lawyers or insurance agents, so please consult the professionals for any claims advice.
Here are a few links to insurance companies and law firms with additional information;