Legal Question in Insurance Law in Iowa

Does Allen v. Simon apply in Iowa? Do you have to take the owner of the tree to small claims court? Our neighbor's rotten tree fell on our shed after a rainstorm. He is claiming that he didn't know it was rotten. We are not as worried about the cost of the shed, just want to get it cleaned up ($1,500). I am hesitant to file a claim on my insurance because I don't want the on my record and apparently they raised my deductible for wind and hail damage to $1,000.

In Allen v. Simon, 888 So.2d 1140 (La. App. 2004), the court stated: �It is important to note that the Allens are not seeking recovery for the damages to their roof, greenhouse or swimming pool. They simply are requesting reimbursement for their expenses in removing the fallen tree off their property. At the heart of this matter is the simple question of ownership.�

Since Simon, the Allens� neighbor, owned the tree, the court concluded that he had to pay to remove it from the Allen�s property after it fell.


Asked on 5/30/13, 7:12 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

I do not know what a Louisiana case has to do with the state of Iowa. The general law is that the neighbor is responsible, and once you had made a prima facie case the neighbor would have to demonstrate that there was no reasonable way that they could have known of the deteriorating condition of the tree to avoid liability. I'd say, take them to small claims.

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Answered on 6/01/13, 8:59 pm


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