Legal Question in Civil Litigation in California
damage to property by falling tree limb
My home was damaged by a falling tree limb from a very large tree located on the common area of a townhome complex adjacent to my home during heavy winds. Am I able to sue, due to the fact there was negligence due to letting the tree get so tall, or would it be considered an act of God.
1 Answer from Attorneys
Re: damage to property by falling tree limb
Letting a tree grow is not negligence. Letting it grow to the point that it is unsafe is negligence. Your might have to retain a tree expert to tell you if the complex should have know there was a danger.
Many HOA have CC&R's that provide that damage to community areas [the roof of your house may be a community area as normally everything outside of the walls of your unit are owned by the HOA] is paid by the HOA, with the cost then to be split by everyone. Check to see if their insurance policy covers your damage.
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