Spring storm season in Texas often brings heavy rain, strong winds, and severe weather — and with that comes the risk of fallen trees. If you’ve ever woken up after a storm to find a tree toppled over onto your property (or even your neighbor’s), you may be wondering: Who is legally and financially responsible?
Let’s break it down so you know what to expect and how to protect yourself.
Responsibility Depends on Where the Tree Falls
Generally, when a tree falls due to a natural event like a storm — what insurance companies often call an “Act of God” — the property owner where the tree landed is responsible for the damage.
For example:
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If your neighbor’s tree falls onto your house or fence during a storm, you are typically responsible for contacting your homeowner’s insurance to file a claim.
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Similarly, if your tree falls onto a neighbor’s property, they would usually handle the damage through their own insurance.
It may not seem fair, but because the fall was caused by natural forces outside anyone’s control, insurance companies assign responsibility based on whose property was damaged, not whose tree it was.
What If the Tree Was Neglected?
There’s an important exception: If a tree was dead, diseased, or clearly hazardous before the storm, and the owner knew (or should have known) but failed to address it, they could be held liable for damages.
In legal terms, this could be considered negligence.
Examples include:
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A visibly dead tree leaning toward a neighbor’s house
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Branches that have been falling repeatedly from a known rotting tree
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Prior warnings or complaints made about the dangerous condition
If negligence is proven, the owner of the tree could be required to pay for the damage — and insurance might deny a claim based on negligence.
How Homeowners Insurance Covers Fallen Trees
Most standard homeowner insurance policies cover:
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Damage caused by fallen trees during storms (wind, lightning, hail)
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Reasonable costs for removing the tree if it causes property damage
However, insurance usually won’t cover:
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Tree removal if the fallen tree did not damage any structure (like just falling into the yard)
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Damage caused by neglect or poor maintenance of the tree
It’s a good idea to review your insurance policy before storm season to understand exactly what’s covered. Learn more about homeowners insurance and storm damage here.
For more helpful information, read “Is Tree Removal Covered by Insurance?”
What To Do After a Tree Falls
If a tree falls during a storm, here are steps to take:
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Ensure safety first. Stay away from downed power lines and unstable trees.
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Document the damage. Take photos from different angles for insurance purposes.
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Contact your insurance company. Start the claims process quickly.
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Hire professional help. Use licensed and insured tree service companies to handle removal safely.
If the tree involves public property (like falling into a street or onto power lines), call your city’s public works department or your local utility company immediately.
Read FEMA’s fact sheet- assistance after a disaster, to find out how they can help.
Need Help with Fallen Trees After a Storm?
We’re here 24/7 for emergency tree removal and storm damage cleanups. Check out our Tree Removal Service page to learn more.
How To Protect Yourself Before the Next Storm
Being proactive can save you a lot of stress (and money):
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Have trees inspected regularly. Tree professionals can identify signs of disease, instability, or tree root issues early.
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Trim dangerous limbs. Heavy or dead branches should be removed before storm season.
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Remove dead or dying trees. Don’t wait for a storm to bring them down unexpectedly.
Proper tree care not only helps prevent accidents but also strengthens your position if insurance claims or legal questions arise later.
In short:
If a tree falls during a storm, it’s generally the property owner where the damage occurred who is responsible. However, clear neglect could shift the liability back to the owner of the tree. Regular maintenance and open communication with neighbors go a long way in avoiding serious issues after severe weather.
Need help preparing your trees for storm season?
Contact our team today for a tree inspection, trimming, or safe removal!
