‘He threatened to cut the roots’: A tree fell onto my neighbor’s property during a storm. Then all hell broke loose.
A storm-blown tree limb damaged a neighbor’s fence and wiring, but the insurer said the homeowner wasn’t liable because it was an act of nature.
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A neighbor wants to sue for about $6,000 after a storm-damaged tree limb hit his property, but the homeowner’s insurer says there is no liability because the storm, not negligence, caused the loss. The dispute now hinges on insurance limits, damages, and whether small-claims court is the next step.
A storm broke a tree limb and it landed on a neighbor’s stuff. That caused broken wires, a fence repair, and other costs.
One neighbor wanted the other neighbor to pay. But the insurance company said the storm caused it, like a branch falling because the wind was too strong, not because anyone did something wrong.
It is a little like a ball rolling downhill and bumping a mailbox. The mailbox gets damaged, but the person at the top of the hill is not always the one who has to pay.
Analysis
What happened
A reader says a tree limb from Neighbor A’s property fell during a storm and damaged Neighbor B’s fence and electrical wiring. Neighbor B, called Brian, says the damage ran to about $6,000 or more and wants to sue for that amount, plus lost wages, spoiled food, and the inconvenience of staying home for repairs.
The insurer’s position
Adam’s insurance company investigated the incident and looked at weather conditions in the area. It found high winds at the time of the damage and reviewed photos showing the fallen limb still carrying green leaves. Based on that, the insurer concluded the incident was an act of nature and that Adam was not liable.
Why the dispute continues
Brian disagrees and points out that no other limbs reportedly fell in the neighborhood. Still, the insurer’s formal determination stands: no liability for Adam. Brian also could not rely on insurance because his deductible was too high to make a claim worthwhile, which leaves him looking at direct collection from a neighbor rather than an insurer payment.
The column notes that small-claims litigation may be possible, especially since Brian has mentioned a relative who is an attorney. The broader issue is familiar in property disputes: damage alone does not automatically mean fault, and storm-related losses often depend on whether negligence can be shown rather than on who paid the repair bill first.
Key points
- A storm-blown tree limb damaged a neighbor’s fence and electrical wiring.
- The neighbor says the damage is about $6,000 or more, plus extra losses from the outage.
- The homeowner’s insurer said high winds made it an act of nature and found no liability.
- The neighbor disputes the insurer’s conclusion and may consider small-claims court.
