Can we sue our neighbor for fallen trees that damaged our house, neighbor failed to cut them down

My house was severely damaged by two falling trees inthe last ice storm we experianced, my wife and I were in the house when both trees hit. I had spoken to the owner of the trees some time ago about removing them but he did not agree they should come down.

Ashburnham, MA -

Attorney Answers (2)

Marc Adam Diller

Marc Adam Diller

Litigation Lawyer - Boston, MA
Answered

If the trees were on your neighbor's property and the neighbor knew or should have known that the trees posed a foreseeable danger, then you may have a right to recover against the neighbors personally or via its homeowner's policy. You may wish to consult an arborist regarding whether the trees were foreseeably dangerous before the ice storm or whether the trees fell by an act of God.

Alan Stanford Fanger

Alan Stanford Fanger

Appeals Lawyer - Wellesley, MA
Answered

In the first instance, if you had howeowners insurance coverage as of the date of the incident, that insurance should provide coverage for the loss. If you did not have such coverage, then you could bring suit against the neighbor. The critical question in such a case would be whether your neighbor should have known that the trees posed a risk of damage to your house. This would be determined, among other things, by their size, distance from your house, configuration, etc. A case like this is typically handled on a contingency fee; in other words, the attorney does not earn a fee unless he/she secures a recovery on your behalf.

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