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>The general rule is that the owner of a tree that's blown down isn't >liable unless he knew or should have known that the tree was unsound. >Unless New York has some unusual tree laws, or the tree was in poor >condition, he's right. > >As a homeowner, your options are pretty much limited to filing a claim >with your insurance (they will pay you; and if they think he's liable, >they will subrogate) or fixing up the damage yourself (and if you >still think he's liable, take your chances in small claims). > >If the amounts involved are significant, and you aren't happy with >your insurance company's response, see a local lawyer and go from >there. > >-- >Not a lawyer, > >Chris Green > For what it's worth, my neighbor's tree split and a large section fell on my car, denting the hood. I checked with an attorney, and my options were limited to either my own homeowner's or auto policies. Sherry
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