Legal Question in Real Estate Law in Louisiana

Tree Damage

During the recent hurricane a large tree in my backyard uprooted and blew over onto my neighbor's roof. He is an attorney and is threatening to sue me if I do not pay to have the tree removed. My insurance company says that I am not responsible and will only pay for what is on my property line. What is Louisiana law concerning an ''act of God'' and tree damage?


Asked on 10/11/05, 6:01 pm

1 Answer from Attorneys
James Morton Taggart Morton

Re: Tree Damage

According to Louisiana Law, there is a 2004 3rd circuit court of appeal case, (Allen v. Simon, 888 So.2d 1140), which holds that as owner of the tree, you are responsible for its removal from your neighbor's property. Further, you could be liable for the damage caused by the tree, if there was a defect in the tree or if there was negligence on your part.

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Answered on 10/13/05, 2:17 pm


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