Legal Question in Civil Litigation in Connecticut
Do I have to pay for my neighbor's car repair after a branch
Fell down from my tree ?
1 Answer from Attorneys
Connecticut General Statute 52-560 covers damages for cutting trees, timber or shrubbery. The law surrounding a scenario in which a hanging branch damages a neighbor�s property is governed by the rules of negligence. A tree owner has a duty to an adjoining land owner to use reasonable care to prevent an unreasonable risk of harm. Connecticut courts have frequently held that property owners are required to guard against probable dangers and have an affirmative obligation to keep property in as safe condition. Therefore, if you know that a tree is dangerous and needs maintenance, or have been notified by a neighbor, you might be considered negligent and liable for injuries. When negligence is not a factor, Connecticut law states that whosever property a tree falls on is responsible. If you were unaware of the tree�s condition then you are not liable for the damages to your neighbor�s property. The damage to your neighbor�s property will commonly be covered by their insurance policy. Where a vehicle is damaged the affected vehicle owner�s car insurance policy may also apply.
If you have any further questions please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at [email protected].