Legal Question in Real Estate Law in Virginia
''fallen tree limb''
My neighbor claims that a limb from my tree fell on his car and broke the windshield. He will not claim it under his home-owners insurance. Am I responsible for reimbursement of his damage?
2 Answers from Attorneys
Re: ''fallen tree limb''
If the limb belonged to one of your trees and its fall was foreseeable and not due to an act of God, e.g., hurricane, tornado, etc., you are likely responsible for the damage.
Re: ''fallen tree limb''
Generally speaking I say "yes"... you are responsible for the damages to his car. There are some circumstances where you would not be responsible such as a damages caused by an act of God (tornado... average and forseeable strong winds will not do). It is your responsibility to keep your trees trimmed and with no limbs outside of your boundary lines.