The Unwanted Visitor:  The Tree that Came to Dinner

You and your spouse are calmly eating your supper when “CRASH,” the neighbor’s tree comes whirling through your ceiling.  Your new roof is ruined, to say nothing of your veal scallopeni.  Assuming you and your spouse are unscathed, what do you do?

Once the dust has settled, you should call your insurance agent.  Then, call a contractor for repair estimates, and a tree service to remove the offending tree.  At some point, you may consider suing that neighbor of yours who let the tree grow so large it hit your house when it fell.  If so, you may want to reconsider, in light of the Court of Appeals’ recent ruling in Lewis v. Krussell, 101 Wn. App. 178 (June 2000).

In Lewis, the people who had the tree fall on their house sued their neighbors, the Krussells.  Ms. Lewis alleged that the Krussells knew the hemlock trees on their property were leaning and were unusually prone to falling.  She also stated that the Krussells had experienced other trees actually falling on the Krussell property.   She alleged that these trees were a nuisance the Krussells should have fixed.

The court then engaged in the following analysis.  First, it stated that in matters like this, they would review it as a negligence case, rather than a nuisance case.   To prove negligence, Ms. Lewis would need to show a) the existence of a duty; b) the breach of that duty by the Krussells; and c) damages caused by the breach.  

Next, the court reviewed whether the Krussells had a duty to remove the healthy hemlocks before they fell.  The court concluded they did not.  As long as the Krussells had not altered the natural state of the trees or the surrounding property, and as long as they did not know of any special problem or defect with the trees, they were under no duty to remove them.

Finally, the court reviewed whether the Krussells had any special knowledge of such a defect.  The court decided they did not.  The mere fact that the Krussells had experienced falling trees in the past did not mean they knew anything special about the trees that fell on Ms Lewis’s house.  Also, the fact the Krussells moved a relative away from a tree-surrounded house during high winds did not mean they knew the trees in question would fall.  Moreover, even evidence the tree was leaning was not persuasive, as healthy trees can lean, and still stay upright.

Based on all of the above, the court declined to hold the Krussells liable for the damage their trees did to Ms. Lewis’s home.

This means we have multiple morals to our story.  First, try to build your home away from areas where a neighbor’s tree could fall on them.  Second, ask your neighbor for permission to inspect any potentially dangerous trees, preferably with a tree expert in tow.  If they are dangerous or defective, put your neighbor on notice by writing them a registered letter to that effect.  Ask for permission to remove or trim the dangerous tree.

Third, pay attention to any work your neighbor does to their property or their trees that may make the trees more likely to fall.  Things to watch for include:  heavy construction over the roots of a tree, which can compact soil and kill the tree; injury to the tree from construction, which can weaken a tree; new projects like patios or house additions, which may shed water onto the area by a tree, saturating the root ball, making it easier for wind to blow the tree over.  If you see these, bring them to your neighbor’s attention, and work together to prevent a future problem.

This article contains information of general interest, and is not intended to be, nor should it be relied upon as a substitute for specific legal advice.