Legal Question in Civil Litigation in Maryland

If neighbor's tree falls on my house, are they responsible for damages?


Asked on 9/09/10, 9:18 am

2 Answers from Attorneys

Sean T. Morris Law Office of Sean T. Morris

Not necessarily, but perhaps. In Maryland, cases such as these are governed by the law of negligence. Thus, your neighbor would be liable only if he had notice that it was likely that the tree would fall and failed to take adequate steps to remedy the situation. If you think this might apply to your situation, or if you are not sure, feel free to email me to discuss in greater detail [email protected].

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Answered on 9/14/10, 9:48 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Generally and usually the answer is "no". Even if you made notice upon the property where the tree stood you bear proof of the showing lack of prudence. This is best handled with a claim against your insurer who is responsible for then claiming reimbursement through subrogation (which means your insurer then stands in your shoes to recover against your neighbor for the negligence that you assume.)

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Answered on 9/14/10, 8:43 pm


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