QUESTION

What is our liability and obligation for the falling pine cones?

Asked on Aug 22nd, 2013 on Personal Injury - Idaho
More details to this question:
Our backyard neighbor has been complaining about the pine needles and pine cones that fall from our 65-foot tall pine tree, which has some branches that hang over her yard. Three years ago, we pruned the tree back to the maximum extent recommended by an Arborist, and even paid our neighbor about $180 to compensate her for a year's worth of gardening service to clean up the pine needles. Now, she is complaining about the pine needles again, as well as expressing her fears that pine cones may come down and injure her or her grandchildren. We have again consulted with an Arborist, who has agreed to do some extensive pruning and clean up of the tree. This, however, seems unlikely to satisfy our neighbor whom, it appears, won't be completely assuaged until we completely cut the tree down. What I am most curious about is whether we would have any real liability in the unlikely event of that, a pine cone did happen to fall and injure someone in our neighbor's yard. It seems that whether it was a mature, opened pine cone that fell of its own accord, or a hard, green pine cone that fell by the mischief of squirrels, that these would be considered acts of nature and would not create a liability on our part, as owners of the tree. What exactly are our liabilities and obligations? Thank you.
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7 ANSWERS

Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Normally, if the tree is not diseased, any damage to a neighbor caused by the tree would be considered an act of God for which you would not be liable.
Answered on Oct 17th, 2013 at 7:51 AM

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Plaintiffs Personal Injury Attorney serving New Orleans, LA at David A. Easson
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You are responsible for damage caused by tree.
Answered on Sep 05th, 2013 at 4:19 PM

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In Iowa your obligation is zero.
Answered on Sep 05th, 2013 at 4:19 PM

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Ronald A. Steinberg
I wonder if that pine tree is 65 feet tall, do you think it has been growing for 30-40 years? Was it there when your neighbor moved in? I suspect that your neighbor is a little old lady or a little old man who is just being a pain in the butt, as some old people tend to become. Pine cones fall, as do branches, and space junk falling from the sky. I suggest that you have a trained, competent arborist come out and trim the tree again. You have to put up with the neighbor until he or she moves into a nursing home.
Answered on Sep 05th, 2013 at 4:19 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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I believe that your exposure is minimal. Presumably the pine tree was there before you and your neighbor were. I cannot believe that a court would make you liable for either the pine needles or the pine cones.
Answered on Sep 05th, 2013 at 4:19 PM

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Accident Attorney serving Lagrangeville, NY at Marco Caviglia, Esq.
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Your neighbor can unilaterally cut any branches growing on her side of the property line. You are responsible for detritus falling from your tree onto your property. Most people would welcome the pine needles on their property, but you and your neighbor probably have more deeply seated problems as neighbors than the pine needles. If a pine cone "hurt" someone, they could theoretically sue, but I would be surprised if they would be able to show any true damages. You also can prune the tree so nothing falls on her side or take the tree down entirely. If you do nothing, she has to go to the expense of court and get relief, but she would probably get the cost of clearing off her property again. As Robert Frost said, "good fences make good neighbors,"
Answered on Sep 05th, 2013 at 4:19 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You can be held liable for a known hazardous condition. You do not have to keep your property in a perfectly safe conditon, just a "reasonably" safe condition. So, if there are no known dead branches, or the trunk leaning over, I'd say its reasonably safe. Then there is the question of whether the falling needles and cones constitute a "nuisance". Unless this is an inordinately huge tree, I'd say it is just an inconvenience.
Answered on Sep 05th, 2013 at 4:19 PM

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