As the fall season approaches in Kentucky, more serious weather could come with it. Severe thunderstorms, hurricanes, and other types of dangerous weather hits the hardest in the fall, and with that weather can come property damage. Forceful winds from these storms can bring down tree limbs, and when that causes property damage, who is liable?
If you’ve been injured on someone else’s property, then you could be eligible to file a premises liability claim against the negligent property owner. A premises liability lawyer from Golden Law Office in Kentucky can help you file your claim and get you full and fair compensation for your injuries.
Kentucky Property Line Laws
If a tree limb falls on your property, who is liable for the damage that it causes? According to Kentucky property line laws, the state follows “Massachusetts’ Rule,” which means that a property owner is not liable if their healthy tree drops limbs and they cause damage to someone else’s property. When a tree is healthy, heavy limbs typically don’t fall from negligence of a property owner. Typically, heavy healthy limbs only fall from an external force, like a serious storm.
If a healthy tree limb falls onto another person’s property and it causes a person to slip and fall on the debris or sap, then the owner of the property with the healthy tree still is not liable because the tree was healthy and reasonably wasn’t expected to fall.
If a neighboring property owner is unhappy with a healthy tree limb that hangs over their property from their neighbor’s tree, then they can remove that limb.
If the tree was unhealthy, though, or if the property owner was cutting healthy limbs that fell and damaged the property of someone else, then they could be held at fault for the damages because of their negligence. A premises liability attorney from our firm will fully investigate your claim and help you determine who was at fault for the damages you sustained.
What to Do If a Tree Limb Falls on Your Property
If a limb from your neighbor’s tree falls onto your property and causes damages, you might be angry and want to confront your neighbor directly about the limb. However, that might not be your safest or best course of action. To keep matters civil and lawful, you’ll want to follow the correct steps after a tree limb falls on your property.
Your first action should be filing a claim with your insurer. No matter if the tree was healthy or unhealthy before it fell and caused damage to your property, you still need to file through your own homeowner’s insurance in order to recover for damage to your property.
If the tree was unhealthy, then you could potentially take legal action against the negligent property owner who did not remove a dead tree or limb before it could fall and cause damage to your property.
If anyone is injured by the fallen limb, it’s important to get them medical attention right away to assess and treat their injuries. Depending on the health of the tree and what caused it to fall, the injured person could be eligible to file a personal injury claim against the negligent property owner.
Golden Law Office in Kentucky Has Answers for You
Fallen tree limbs can be complicated issues, especially when they cause damage and injuries. You’ll want a lawyer from Golden Law Office on your side so you can feel confident that the situation is fully examined and the party at fault is held responsible for their negligence.
Even if you are unsure if the other property owner is responsible for the damages done to your property, hiring a lawyer can help you get to the bottom of the situation and determine your legal options moving forward. Reach out to Golden Law Office in Lexington, KY, today so we can get started and answer all your questions.
Golden Law is a local, Kentucky Law Firm, attorneys/lawyers in Fayette County, Kentucky, working in the fields of personal injury, auto accidents, car and truck wrecks; medical malpractice: doctors, hospitals & nursing homes; senior living abuse: neglect, physical abuse, emotional abuse, dehydration, bedsores, catastrophic injuries, and broken bones. If you are considering a lawsuit, call us at 859.469.5000 for a free consultation. We are located at 771 Corporate Dr. Suite 800/ Lexington, Kentucky 40503. We handle cases all over the Commonwealth of Kentucky. We have represented and trained people in major insurance companies & major trucking companies. We have first hand experience and know the ‘inside of the insurance business’ … that’s a distinction that no other law firm can make. We’re Your Advocate. Dale Golden, Laraclay Parker.