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Hurricane season started June 1 in South Carolina, meaning you have to be extra prepared for storms that can damage your property.
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This year, the National Oceanic and Atmospheric Administration predicts a below-average hurricane season due to the emergence of El Niño, a naturally occurring weather pattern that helps cut wind shear. Additionally, NOAA expects El Niño to strengthen to what’s informally called a “super” El Niño, which will help reduce the number of expected hurricanes.
It’s good news for much of the Southeast, not having to worry as much about devastating hurricanes, but scientists want to remind residents that it only takes one bad storm to cause a lot of property damage, and that people should still be prepared for a worst-case scenario.
You might be ready for a bad storm on your side of the fence, but who’s responsible if your neighbor’s tree falls on your house due to intense weather? Here’s what you should know:
Who pays in SC?
When one of the trees on your property falls on your house, the first step is typically to call your insurance company. The same holds if a neighbor’s tree is the root of the problem.
Usually, the homeowner’s insurance is expected to pay for the damages, regardless of whether the tree was on someone else’s property, according to SC Appleseed, a legal justice center, if the damage was caused by “natural causes”, also known as an “act of God.” This, of course, only applies if your insurance policy covers storm-related damage and hasn’t lapsed yet. You will need to read your insurance contract to make sure such events are covered, but freak storms are likely covered as an act of God.
While insurance will most likely cover most of the expenses (you will still have to pay your deductible), you should not expect to be compensated by your neighbor if the tree only fell due to natural causes.
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“As a general rule, compensation may not be obtained for losses, damage, or harm suffered as a result of an act of God, which means an occurrence due directly and exclusively to natural causes without human intervention and which no amount of foresight, pain, or care, reasonably exercised, could have prevented. This definition includes natural disasters,” experts from
What if it fell due to my neighbor’s negligence?
It’s a different story if your neighbor didn’t take measures to eliminate foreseeable risks, and they can be found liable for your property’s damages, on rare occasions.
The act of God doctrine only applies “where the natural disaster or similar act of God is the sole or exclusive cause of the damages.” Courts have found that failure to take adequate precautionary measures to secure property contributes to the property falling on your house.
Therefore, a neighbor’s liability goes up if they fail to remove or secure their diseased or dead tree, increasing the likelihood of it falling on your property. The neighbor or tree owner may be responsible for paying repair costs in this scenario.
How to reduce the risk of tree damage
Trees look great on your property, but they can be liabilities. Here are tips on how to reduce the risk of damage to your or your neighbor’s property:
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- Provide routine care: Mature trees need routine care in the form of water, nutrients (in some cases), mulch, and pruning as dictated by the season and their structure.
- Prune the tree: getting rid of overgrown or defective branches can help reduce the risk of a storm flying them away and causing damage.
- Remove possible targets: A home or power line can’t be moved, but moving cars, picnic tables and landscape features from the path of a falling tree eliminates the risk of them being hit.