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Who's resposible for a tree falling from my property onto my neighbor's roof?

Atlanta, GA |

During high winds a tree fell onto my neighbor's property with a few limbs puncturing his roof. The tree was found to be dead, but I was not aware of the fact that the tree was dead. I called my insurance company and they stated that my neighbor's insurance was responsible because it was an act of God. My neighbor's insurance has now turned this over to collections who are now coming after me. Who's right, my insurance or his?

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Filed under: Real estate
Attorney answers 1


More facts are required to answer this question: Under Georgia law, an urban landowner has an affirmative duty to inspect his property to look for dangerous trees. If the tree was dead and an inspection would have revealed this, arguably, you are indeed liable for the damage caused by the tree fall, even if you failed to do the inspection. This does not necessarily mean you had to hire an arborist but you had a duty to at least inspect.

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