Legal Question in Insurance Law in North Carolina

Re: leaves in neighbors gutter

My recollection of basic "tree" law is that if the debris or tree falls accidentally, that you are liable only if you knew or should have known of the likelihood of the debris faling. I'm not sure how that applies to your situation, but it seems that there is probably no "strict liability." (If the tree were intentionally cut down, then there may be strict liability for trespass.) So, I don't have a clear answer; it's probably debatable. The other issue I foresee is whether your neighbor can prove that your debris blocked his gutters. Similarly, is it not more likely that his gutters were filled with a combination of debris from your property and that of others, in which some apportionment might make sense. You also make a good point about his failure to clean gutters; but if in fact they were clogged with your tree-debris, then he arguably is still entitled to the cost of removal (unless the cost were significantly increased due to his neglect). You may want to consult a lawyer (especially if you are sued).