Damage from a City-Owned Tree

[lawfacts]

If a city-owned tree falls in a storm and damages your property, does the city pay for repair and clean-up, in California?

[Mr. Knowitall]

You can certainly ask the city to help. But if you want to get coverage from your own homeowner's insurance, make sure that you file a timely claim -- they can pay and, if appropriate, try to take action against the city.

Unless the tree was in a dangerous condition (e.g., dead, diseased or dying, and in danger of falling or losing limbs as a result), tree damage following a storm will normally be regarded as an "Act of God" for which the owner of the tree is not liable. Even assuming that bridge can be crossed, other complications arise when trying to make claims against a municipality. Unless there's reason to believe that the city knew or should have known that there was a special danger of the tree falling due to its condition, you should expect to have to make the claim with your own insurance company.