When Neighbor’s Tree Falls Onto Your Louisiana Property, Who Pays?

If forced to choose one word to describe Louisiana weather, it would be hard to beat "destructive."

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From hurricanes like Katrina and Rita to the many destructive tornadoes we have experienced in North Louisiana, to the floods of 2016, and ice storms like the "Snowpocalypse" the Shreveport area experienced in 2021, we have seen Mother Nature at her worst as she wreaked havoc on Northwest Louisiana.

Obviously with so many naturally occurring "weather events" we have plenty of opportunities for trees to come crashing down.

In all likelihood, you've personally experienced something like this, but if that tree happens to belong to your neighbor and it crashes onto your property, especially if it does damage to your home or structure, you will likely wonder "who's responsibility is it to pay for this?"

In Louisiana, If Your Neighbor's Tree Falls On Your Property, Who's Responsible?

The question of responsibility for damage caused by this fallen tree in Louisiana is actually two-tiered.

1. In Louisiana, if a neighbor's tree falls into your yard and causes damage, the neighbor is generally liable if they knew or should have known about a pre-existing problem with the tree that caused it to fall.
2. However, if the tree fell due to a natural event like a storm, the property owner where the tree landed would typically be responsible for dealing with the damage through their own insurance.

Essentially, if the owner of the tree already knew it was a potential threat, they would be held liable, but if the tree only fell due to the effects of a bad storm, then you, or your insurance company, would be responsible.

What Does Louisiana Law Say About This Issue?

Louisiana Civil Code article 2317.1 states: “The owner or custodian of the thing is answerable for damage occasioned by its ruin, vice, or defect, only upon a showing that he knew or, in the exercise of reasonable care, should have known of the ruin, vice or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care.”

According to the website, kieferandkiefer.com,

The simplest thing to do is to make a claim with your own insurance company for this damage.  If there is an argument that your neighbor should be responsible, they will turn around and seek reimbursement from their insurance company on your behalf.

So, should your neighbor happen to have a tree that you feel threatens your property, you should notify the neighbor, take pictures, document everything, and if necessary, contact an attorney, before it comes crashing onto your home, fence or shop.

Hopefully this isn't an issue you'll ever have to endure, but should it happen, you'll know where you stand with Louisiana law.