Legal Question in Real Estate Law in Louisiana

Tree fell in neighbors yard

My tree branch fell in my neighbor's yard due to--name removed--hurricane. It was not rotten. Am I liable.

Asked on 10/26/05, 12:24 pm

1 Answer from Attorneys

James Morton Taggart Morton

Re: Tree fell in neighbors yard

According to Louisiana Law, there is a 2004 3rd circuit court of appeal case, (Allen v. Simon, 888 So.2d 1140), which holds that as owner of the tree, you are responsible for its removal from your neighbor's property. Further, you could be liable for the damage caused by the tree, if there was a defect in the tree or if there was negligence on your part.

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Answered on 10/26/05, 1:21 pm

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