I'm not a lawyer nor do I play one on TV. But I do have some experiences particular to where I live.
We get both ice storms and wind storms fairly often. They create havoc, and every time the questions arise, "who's responsible".
And the answer remains the same. The homeowner is responsible for damages on his own property when damages are via an act of God.
We could exaggerate the scenario... A tornado touches down, uproots a tree and it lands two blocks away on a persons roof. Is the owner of the tree responsible? Hardly.
And it's for these reasons we have the option to buy insurance. And we further have the option to be highly insured or barely insured.
Continuing this discussion... Even if a tree was in bad shape to start with, many code jurisdictions require a permit to remove a tree on the owners property. Most folks don't abide by that, including me now, and I'll take a tree down without permission. That wasn't always the case. We built a new house. There were large trees on the property needing to be removed near the footprint of the house. One was rotten. We asked permission, and the city said no. Arbor laws and all. Next wind storm, this same tree fell on our new house. Was the city responsible? Nope.:mad:
Subsequent property owners in the area, I suggested to them take down whatever trees you want and don't ask questions.
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