#23957
Austman
Flatchatter


    @scotlandx
    said:

    If you live in a house on a property and a tree on your property falls on your neighbour’s house and damages it, you will be liable for that damage.  That is because it is your tree.  Whether or not you knew the tree was unstable, or whether wild storms brought the tree down, it’s your tree wot done the damage.

    Sorry scotlandx but I don’t think that’s correct.  An owner of a strong, healthy tree that falls is not liable for any damage it causes to a neighbour property.  It is considered “an act of God” under Australian law.   And it shows how ownership of something does not automatically mean liability for the damage it might cause.

    I realise a water pipe, dishwasher or other equipment is not a tree but negligence or malicious intent or a breach of a duty of care seem to be a requirement when establishing property damage liability.  At least in published cases I have read.  But I’m no lawyer either!