Cleveland, OH asked in Real Estate Law, Criminal Law and Personal Injury for Ohio

Q: A branch from a tree in my backyard fell in my neighbors yard last night during a severe thunderstorm, tearing down her

Tearing down her electric lines. She came to me today demanding that I help her with the “expenses” of having it repaired and get the tree cut back away from her house. Am I responsible? I told her I thought that her first call should be to the electric company for repairs (I’ve never had to pay for outages) and to her homeowner insurance? She said she would be contacting her attorney and suing me for damages and loss of use of her house (she works from home)

2 Lawyer Answers
Todd B. Kotler
Todd B. Kotler
Answered
  • Canton, OH
  • Licensed in Ohio

A: My guess is that your question is whether you are liable for the damages. Like most things in law, the answer is "it depends". Has your neighbor complained to you about the tree or the branches? In order to establish that you were unreasonable or breaching a duty of care to the neighbor, she would have had to put you on notice that the tree was causing a hazard. This may not stop her from suing however. If she does put a call into your homeowner's insurance. They will at least have a duty to defend you. Good luck.

Tim Akpinar and Dimitrios Makridis agree with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: Make a note of when the utility restores service (and internet service, if applicable). But on the restoration of service, electric utilities do not generally charge for that, as you correctly mention. Good luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.