Q. Due to the heavy rain in recent weeks, one of my healthy oak trees fell over onto the driveway of our neighbor, damaging his two vehicles parked in the driveway. Am I liable for the repair costs to his cars?
A. If the trees were healthy and blew over as an act of God, you have no liability. For you to be liable, it is necessary to show that you were “negligent” in caring for your trees, and that negligence is why they fell. You are not legally responsible simply because you are the owner of the property and the trees.