Can we sue our neighbor for fallen trees that damaged our house in Lexington?
Additional Information:
We live in Lexington, MA. Our neighbor failed to cut the trees down. My house was severely damaged by two falling trees in the last ice storm we experienced, my wife and I were in the house when both trees hit. I had spoken to the owner of the trees some time ago about removing them but he did not agree they should come down.
ATTORNEY ANSWER:
If you had homeowner’s insurance coverage as of the date of the incident, that insurance should provide coverage for the loss. If you did not have such coverage, then you could bring suit against the neighbor. The critical question in such a case would be whether your neighbor should have known that the trees posed a risk of damage to your house. This would be determined, among other things, by their size, distance from your house, configuration, etc. A case like this is typically handled on a contingency fee; in other words, the attorney does not earn a fee unless he/she secures a recovery on your behalf.
