Neighbor's tree fell on my property due to storms. Who is responsible?

Central Ohio might be out of tornado season , but that doesn't mean the region is completely safe from falling trees.

An unexpectedly strong windstorm could come through, uprooting trees and sending branches flying. Or sometimes trees just died and fall. It happens.

But what if a storm pushes a neighbor's tree onto your property? Can they be held liable for damages? Who has to clean it up?

Here's what you need to know.

Am I liable for damage my tree causes to my neighbor's house?

If a neighbor's tree falls onto your home, causing damage, your first instinct might be to reach for a lawyer's phone number.

You might want to hold off on that.

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.

So if your neighbor's not responsible for the damage in most cases, who is?

Who's responsible if a city tree falls on my property?

What happens if the tree that fell on your property is one that is located on your tree lawn and maintained by your city or municipality?

Like a neighbor's tree, if it was an otherwise healthy tree that fell on your property, it falls to you and your insurer to deal with the damage and cleanup.

However, it's worth alerting the city to the fallen tree, they might just clean it up for you anyway. Your city might have an urban forestry department that maintains a registry of all of its trees. Letting them know a tree has fallen will help them keep their records up to date.

Home insurance will likely handle fallen trees

If you don't have home owners insurance, then you'll have to pay to repair the damages yourself. If you do have insurance, then file a claim with them.

Most standard home policies will handle tree removal and cover the cost of repairs. Your insurance company is likely used to handling similar claims, after all, trees are everywhere.

NHart@dispatch.com

@NathanRHart

This article originally appeared on The Columbus Dispatch: Neighbor's tree fell on my property due to storms. Who is responsible?