Georgia Laws Regarding Damaged Trees and Liability

Georgia Tree Liability 101

Basic approaches to liability for trees are the same throughout the United States, and Georgia is no exception. In other words, it does not matter what other states do. A Georgia property owner has a duty to inspect and maintain their trees to prevent damage to others at least when they become "dangerous" or "dead." The general rule in Georgia is that a property owner should warn those on their property about the dangers presented by dead limbs dangling from trees when the danger is not obvious. However, there is – again, in most states – no duty to warn those who are noninvitees about high dead limbs or trees that are diseased some distance away from the houses or people living adjacent to the property line if the danger is apparent. The Georgia Supreme Court has ruled that a property owner must warn of a tree precariously leaning toward a graveled road. The Court did not address whether the owner should have cut the tree down or trimmed back the branches . Given the general trend of Georgia law that does not require the mitigation of risks from natural hazards, the Court may not have found that duty either. The duties for property owners to their guests and invitees include more than the need to warn.
Whether a tree is dangerous can be a question of fact for the jury. Assuming the jury finds a duty, the question of breach then relates to whether the property owner did all he was supposed to do to avoid danger from the tree. For the same reason, questions regarding criminal conduct and liability to licensees become issues of fact for the jury. If property owner A negligently injures some third party because property owner B negligently maintains dangerous trees on his property, a cause of action exists in Georgia. As common as liability for trees, however, is the dispute over whether a tree is sufficiently valuable to merit a case. In bond-type cases only marginally above the deductible, such as the potential value of an otherwise beautiful view blocked by a tree, lawyers are forced to consider litigation risk and the cost of going forward.

Liability for your neighbor’s fallen tree

Disputes Over Trees Between Neighbors
As the saying goes, "Good fences make good neighbors." Unfortunately, this is not always the case, and disputes over property lines and trees can be a source of frustration. When it comes to a tree that falls from one property to another, Georgia law has a few relevant considerations that homeowners should be aware of.
The first pertinent law: every property owner in Georgia has the right to remove offending branches from the neighbor’s tree, at the risk of injury or death to that homeowner. Owners cannot, however, trespass over the boundary line to do so.
If the tree fails, the property owner upon which the tree rests is responsible for any damage caused by the tree falling.

If the neighbor notices a leaning tree, he may either ask the neighbor to get the tree removed, or cut the tree down himself if it is causing a nuisance. In both cases, the tree owner is under no obligation to remove the tree. If the tree causes damage to the neighbor’s property when it falls, the neighbor would have a claim against the tree owner.
If the tree owner ignores requests to take care of a tree in dire need of removal, the neighbor may be able to obtain relief through an injunction, but injunctive relief is usually granted only when there is a serious danger. An injunction requires a Court order to compel compliance, which may be costly. The best policy, then, is to ask the tree owner to act responsibly.
The chain of liability for fallen trees runs thus: Tree falls on neighbor’s property. Neighbor who owns tree is liable for removal of tree. Tree owner (or tenant) has to pay damages, the "value" of the tree, and this value is limited to the cost of removing the tree. However, Courts sometimes look to a tree’s worth based on its appraisal value. Unrelated persons are not liable for the tree’s fall.
So if your neighbor’s tree falls on your house, you have a potential claim against the tree owner for damages incurred by the fallen tree. If you have suffered damages as a result of a fallen tree then you should consult an attorney immediately, as you only have a two-year statute of limitations to bring a claim for damage to real property.

Insurance coverage and trees in Georgia

Homeowners insurance coverage generally extends to damage caused by trees to your home, garage, storage buildings, and other structures on your property. Coverage typically also extends to damage to someone else’s home, garage, storage buildings, and other structures when a tree falls on those structures.
For example, if your neighbor’s car or fence is damaged when a tree falls on them, homeowners insurance typically pays for the damage (as long as negligence is not the cause of the damage). Furthermore, if you are forced to move out of your home while repairs are made, coverage for additional living expenses is typically available, except where coverage is excluded by the policy.
Most homeowner insurance policies cover damage to your home, sheds, fences, and other structures on your property caused by falling trees and limbs from your trees, except in cases when which the tree fell due to your negligence. Damage to your vehicle is subject to the deductible on your auto policy. If a tree or limb falls on someone else’s property causing damage to a home, shed, fence, or other structure, insurance coverage under your policy is typically available since the tree is your property. Most homeowners policies extend to cover damage to a home, shed, fence, or other structure when someone else’s tree damages it due to a covered peril, such as a strong storm. However, in some situations insurance coverage can be denied when a tree falls on a neighboring property and causes damage. Common exclusions include purposes that the insured knew the tree was dead, if the neighbor should have known the tree was dead, or where a tree was inadequately or improperly trimmed or pruned.
If a tree that you own or that is on your property falls on the neighbor’s home, shed or fence, your insurance may pay for the damages, but you may then be "subrogated" by your insurance company for reimbursement of the paid amount. Subrogation is a means for an insurance company to collect the amount paid on behalf of the insured from a negligent party. Only real estate agents and not insurance agents are able to list subrogation on a policy. Subrogation may extend to costs that might be incurred by your insurance company for cutting down the tree and removing it from the home if you are not able to do so within a reasonable time.
It is very important that you have and maintain insurance coverage in place for the unforeseeable accidents and thefts that may occur. The damage to your personal belongings may sometimes be covered by this policy, and preventing long and expensive losses that someone else caused is important to the overall health of your and the neighbor’s home.

Proactive measures for woodland care

You can avoid many unnecessary risks and legal liability by understanding Georgia’s laws on tree damage. Here are some preventive steps you can take to minimize the possibility of damage from a tree and to remain in compliance with local ordinances and other regulations associated with tree maintenance.
Know the location of your lines. Underground utilities, including electric, cable, gas, water and sewer lines cross most city lots, and range from 1 foot below to 5 feet below the surface of the ground. When you have a tree removed, carefully monitor contractors to insure that they do not cut through the underground utility lines.
Plant trees at least 6 feet from sidewalks and streets. Oftentimes, trees have shallow roots which can raise concrete sidewalks and patios. In some cases, sidewalks may be replaced several times as the tree then raises new concrete. Concrete is expensive and time consuming to repair. Avoid this issue by planting trees at least six feet away from all sidewalks. Also, while street trees often create a lovely shade on the street, plant the smallest tree that you can find in the local nursery to avoid raising the street.
Be careful when digging. Hiring a tree removal service? Homeowners should walk over their property with the workers and point out where they know for sure that they can dig without hitting electric water or gas lines, or cable . The utility companies (or professionals to find the lines) should be called to mark the location of all lines. If you are connecting to a gas or water line, you should call the utility company prior to digging. You will need the permission of the homeowner to disconnect any lines located on the homeowner’s property, such as electric, gas or water.
Do not tip the scales. Each city has an ordinance on the number of trees that can be cut down on a lot, and most municipalities prevent the destruction of trees over a certain size. Check the ordinances for further information.
Assess your state’s liability law. If your tree falls on a neighbor’s tree, or a tree blown down half onto your neighbor’s property, your homeowner’s insurance policy may protect you, but you will need to show a court that you took reasonable steps to prevent the damage.
Know your risk. Over time the tree will become more and more dangerous to your property. Trees weakened by age, disease, and storms can cause great damage to houses, fences and power lines. Trees with multiple trunks, cavities, and cracks or mushrooms growing around the base are more likely to cause damage. Also trees can sometimes become infested by insects that produce woodpeckers, which more trees become infested resulting in large gaping holes that provide homes for expanding woodpecker families.

Legal actions for damage

It is very important to understand that the Georgia law in this area is fairly limited. If the falling tree was the result of an "Act of God," there is generally no recovery against the property owner. An Act of God would include storms, high winds, hail, flooding, etc. If the tree falls due to such an event, whether or not the tree was healthy, the injury claims will be denied. Also, if the tree fell due to insects or disease, there is no claim. Additionally, it is not uncommon for trees to fall due to rotting roots. In most situations, rotting roots are also "the Act of God." Georgia does allow a recovery for property damage caused by a tree that falls due to negligence on the part of the landowner or tree owner. Common types of negligence in such cases include failing to remove a dead tree or failing to remove a branch from a tree that is about to fall. However, negligence is not enough to create liability on the part of the landowner or occupant. Before a duty of care arises, the landowner or occupant must have had knowledge of the "dangerous condition." For example, if the tree owner failed to have the tree inspected by an arborist or a surveyor, there is no presumed duty of care. Instead, the injured party must show that the landowner should have had knowledge of the "dangerous condition."

Case examples and scenarios

In a 2009 case, Turner v. Petty Street Realty LLC, the Georgia Court of Appeals addressed a tree fall condition and a possible liability. A tree had fallen across a road leading to the apartment complex owned by Petty Street Realty. The road had been damaged and decaying for a number of years, increasing the danger of that roadway. The Appellate Court dismissed a premises liability claim for the fall of the tree on the road, finding no danger on the property. They also dismissed a claim against the property owner for not cutting down the tree before the accident, finding that more than one defendant could have been responsible for a failure to cut down a dead tree. In this case, there were approximately 15 homeowners near the tree and one of them could have requested that it be cut down.
In another appellate decision involving tree fall conditions, Allen v. Rogers the court looked at whether a property owner has a duty to warn about trees that were so decayed or diseased that they would fall on a roadway or sidewalk. The Georgia Supreme Court held that the landowners had such a duty, and that a jury trial should be allowed in a suit brought by a person injured by a rotting tree.
In Allen, two trees fell on a car parked under their branches. The trees were decayed, leaning at a perilous angle, and had visible fungus. The homeowners had had the trees inspected a few years earlier, while the trees were healthy, and had been told that the trees were safe. A jury found the landowners to be 51 percent at fault for the tree’s falling. Although the homeowners had never been told that they should have cut the trees down or been notified that the trees were unhealthy, the jury still decided that the landowners acted too late in cutting down the trees . Based on the inspection description, the jury decided that they had enough knowledge to realize that the trees posed a danger.
In Hilliguaydo v. C Strong Enterprises, Inc., the Georgia Court of Appeals faced an issue of whether the property owner was responsible for his tree damaging a neighbor’s property. Georgia law generally protects a property owner from liability if a tree owned by him damages the property of a neighbor, if the property owner has not negligently "maintained" the tree in a dangerous condition. In Hilliguaydo, the Appellate Court held that property owners can be strictly liable for damage caused to a neighbor based on a tree owned by him which falls on his neighbor’s property. Georgia law protects the owner of the tree only when his negligence or other fault causes the damage.
This law has implications for trees whose roots extend under a neighbor’s property and which damage the foundations or plumbing pipes of the neighbor. If the roots are devastating trees on the property where the tree causing the damage is located, then "the owner of the land upon which the tree is growing is the insurer of the safety of his trees and the neighbor cannot recover for property damage caused by the roots." However, if the tree causing the damage is not devastating trees on the property where the tree is located and does not demonstrate any other problem which makes the tree dangerous, then it does not improve the health of the tree to give it water through a neighbor’s pipes and it is the neighbor’s responsibility to keep his pipes and valves free from roots.