Tree Liability: What to Do in the Event of Damage?

Questioner

If a tree on your property has become unstable due to the last heavy storm. (roots come out of the ground and tree moves in the wind) Can the felling of the tree be recovered from the insurance? It is not inconceivable that in the next storm this tree will fall over and land on the clubhouse.

Lawyer

A tree owner is liable for damage caused by a tree if he has demonstrably performed insufficient maintenance and inspection of the tree. This is based on article 6:162 of the Dutch Civil Code and case law. A tree owner is therefore not always liable if a tree branch breaks off and causes damage to or with others. According to established case law, there is no strict liability for damage caused by trees/branches, but a liability based on fault. This means that foreseeable and visible defects in the tree can lead to liability. For example, dead wood, dangerous mushrooms, adhesive axils, etc. Tree maintenance and tree inspection must also be carried out regularly by a certified tree inspector. In the case of risky trees or dangerous situations, even annually. For damage caused by poor road surface, for example by the root pressure of trees, the owner of the road is liable for strict liability on the basis of article 6:174 paragraph 2 of the Dutch Civil Code. Strict liability or qualitative liability is a form of liability that is not based on fault or culpability, but on a specific role, capacity or quality. Thus, the insurer can compensate for risk liability.