Legal Question in Real Estate Law in Ohio

Re: Property damage due falling tree on power line

I don't know if Ohio law on this subject is the same as California's or not, but in California when part of a tree falls and causes direct damage such as hitting a pedestrian or a neighbor's parked car, the issue of negligence by the tree owner may depend upon whether this was a landscape tree in an urban setting or a tree growing wild in a forest. The owner of forest trees is far less likely to owe a duty to inspect trees and keep them pruned, healthy and safe than is a city resident.

Then, there's the issue as to whether damage during a storm is an act of God for which there is no negligence, or whether the storm and the damage were reasonably forseeable. Storms of foreseeable intensity that topple diseased trees in someone's front yard would not excuse the owner from liability for negligence.

In addition to the setting and the forseeability of injury, your situation involves an indirect consequence of the possible negligence, and that will raise a third possible legal defense, and that is whether the negligence in maintaining the tree is the "proximate cause" of the electrical frying of expensive electronic devices plugged in at homes in the neighborhood.

The damage to the electric utility's wires is clearly a proximate consequence of negligence in maintaining the tree (if any); however, it is not so clear that indoor electrical-surge damage done a block away is "proximately" caused by the fall of the tree limb.

Understanding and arguing issues like this is why torts lawyers get the big-bucks contingent fees. Further, since most of this is based on case law rather than statutes, a thorough knowledge of local decisions is necessary. I hope you will receive at least one answer from an Ohio attorney. Possibly you should re-ask the question under a torts or negligence or property-damage topic heading on LawGoru, rather than real estate. It has some real-property aspects, but the question deals primarily with torts issues such as negligence and proximate cause.