A windstorm rips through one day, and you return home to find the neighbors tree has toppled onto your roof, causing severe damage. Who is at fault?

Well, from an insurance perspective, the homeowner with the damaged roof would be covered under their homeowners insurance. The tree is considered a falling object and the damage created is not considered a liability issue. Likewise, if the tree was on city property or a public easement, it would still be considered a falling object and be covered in the homeowners insurance. In both cases the city or the neighbor wouldn't be liable.

However, in some cases, a tree could be considered as a recognized prior hazard. This could happen if a tree is damaged or sick, making it more likely to topple with a big gust of wind. For a tree to be recognized as a prior hazard, a letter must be written to the tree owner, informing them of this hazard. But just because a letter is written, a tree may not be a true hazard.

Someone may claim their neighbors tree is a hazard because they want it removed to improve their view or lessen the number of leaves they must rake up each fall.