Imagine that your neighbor’s overhanging tree fell onto your property, endangering the lives of your loved ones. It is understandable if you’re feeling frustrated after this. You must be thinking if you can hold your neighbor liable.
Well, whether you can sue under Washington law depends on two primary factors: the physical condition of the tree prior to the fall and whether your neighbor was aware or should have been aware about it before it fell. Here is what you need to know to protect your rights.
When can you sue them?
Under Washington common law, all property owners in residential areas owe a duty of care toward their neighbors. It includes recognizing and taking reasonable steps to address the visible hazards their tree may pose to others. Failure to do so may expose them to liability claims because they showed negligence. In these cases, evidence such as prior complaints, photos or visible decay can help your case.
When can you not sue them?
If a huge storm knocked down the tree and it fell onto your property, you may not be able to sue your neighbor. Washington courts classify damage caused by healthy trees during severe weather as an “Act of God” or natural occurrence beyond the owner’s control.
What should you do now?
It is crucial to act quickly after the accident. You should photograph the tree, estimate the damage and immediately contact your insurance company. Furthermore, you should create a paper trail by saving any text or mail you sent to your neighbor to warn them about the risk. You can also have an arborist inspect the fallen tree to check whether it was diseased.
Protect your property rights
When an accident involves a fallen tree damaging your property, there is a lot more at play than you think. Navigating insurance claims and lawsuits against a neighbor can feel overwhelming. However, with an attorney experienced in real estate law, you may be able to build a strong case that will protect your rights.