Legal Question in Environmental Law in Illinois
In October of 2008 during a heavy wind storm a large branch from a neighbors tree fell and damaged part of my garage and destroying a small flowering tree. I understood at that time that the
"Act of God' term applied. My loss was about $250. What was left over from the storm was a two foot diameter and twelve foot long damaged branch. My question is can the owner be liable for any future damge due to neglect to the tree which still has the damged branch. The changing weather will surely weaken the remainder tree. Five owners are at risk of damaged property.
Estimated tree size: 75 ft. tall, 4 ft. diam by 8ft tall trunk, 4 main branches 2 ft in diam
1 Answer from Attorneys
There is not a black and white answer to your question. If the owner of the tree is negligent about its management there is an argument that he would be liable for damages it caused to neighbors. You may want to send him a letter now (with proof of delivery) pointing out the need for pruning or taking down the tree because it represents a danger to person and property. That way he will not be able to say in a dispute later that he didn't know about it.
Shell Bleiweiss
http://www.shell-bleiweiss.com
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