Neighbor's Tree Fell on My House in Louisiana: Who Pays?
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Short answer: if your neighbor's tree was healthy and a storm brought it down, your own insurance normally pays to repair your property and remove the tree from your house. Your neighbor (and their insurer) is usually responsible only if the tree was dead, rotten, or visibly weakened and they knew or should have known it was dangerous. That's the Louisiana Department of Insurance's guidance, and it follows Louisiana Civil Code article 2317.1.
This page is general information, not legal or insurance advice. Every policy and every case is different. For a disputed claim, talk to your insurance agent or a Louisiana attorney.
What the Louisiana Department of Insurance says
The Louisiana Department of Insurance (LDI) answers this question directly:
- If your neighbor's healthy tree falls on your home, fence, or other property, it is your insurance company's responsibility to pay for repairing the damage.
- Your neighbor's insurer would probably accept liability only if the tree was dead or weakened in a way the owner should have known was dangerous before it fell.
- Your policy also generally covers removing the tree from a covered structure it damaged (the LDI's example is a neighbor's tree that crushed a fence).
The LDI's After the Storm Q&A says the same thing. A Shreveport insurance agent, Wayne Watley, gave KSLA the same rule of thumb in 2025: a well-kept, healthy tree that falls on a neighbor is the neighbor's insurance; a rotten, dead, or neglected tree is the responsibility of the owner where it stood (KSLA).
What Louisiana law says
The key rule is Louisiana Civil Code article 2317.1. The owner of a thing (including a tree) is answerable for damage caused by its "ruin, vice, or defect" only if:
- they knew, or in the exercise of reasonable care should have known, of the defect;
- the damage could have been prevented by reasonable care; and
- they failed to exercise that reasonable care.
Source: La. Civ. Code art. 2317.1 (Louisiana State Legislature).
In practice, that means a homeowner whose healthy tree is blown over by a storm usually isn't liable, while one who ignored an obviously dying tree may be.
Court cases from our area
- Brown v. Williams (La. App. 2nd Cir. 2003, the appeals court that covers Shreveport–Bossier): the owners of a large oak admitted they had done no maintenance at all, even after a big limb broke off about ten years earlier. When the oak fell on the neighbor's house in a storm that spawned a tornado, the court upheld the ruling against them; the storm didn't excuse them because ordinary care could have prevented it. (Summary from Jones Walker LLP.)
- Allen v. Simon (La. App. 3rd Cir. 2004): a neighbor's tree fell on the plaintiff's property in a hurricane. The court said an "act of God" can block a claim for property damage but doesn't necessarily free the owner from responsibility for removing their fallen tree from the neighbor's property, and sent the case back for further proceedings (same source).
These are fact-specific decisions, not guarantees about your case.
Branches and roots before anything falls
If a neighbor's branches or roots reach into your yard and interfere with your use of your property, Louisiana Civil Code article 688 gives you the right to demand that they be trimmed at the neighbor's expense. You don't have that right if they don't interfere with your enjoyment of the property (La. Civ. Code art. 688).
If you're worried about a dead or leaning tree next door, putting your concern in writing (and keeping a copy and photos) creates a record that the owner was told about it. Under article 2317.1, whether the owner knew or should have known about the defect matters.
Common situations
| What happened | Who usually pays (per LDI guidance) |
|---|---|
| Neighbor's healthy tree blown onto your house or fence | Your homeowners insurance, including removal from the damaged structure |
| Neighbor's dead, rotten, or visibly weak tree falls on your property | Possibly the neighbor or their liability insurer, if they knew or should have known it was dangerous |
| Your tree falls on your own garage, and your car inside is damaged | Homeowners policy covers the garage; your auto policy covers the car only with comprehensive coverage |
| A tree falls in your yard and hits nothing | Depends on your policy; some cover removal if it blocks your driveway |
Sources: LDI Post-Disaster Guide; La. Civ. Code art. 2317.1.
What to do right now
- Safety first. Stay away from the tree and any wires. See our storm checklist for a tree on your house or power line.
- Photograph the damage and the tree, especially the trunk, the break or root plate, and any rot or hollow sections. If you think the tree was defective, that evidence matters.
- File with your own insurer. Kiefer & Kiefer, a Louisiana law firm, notes that the simplest route is to claim on your own policy; if your neighbor may be responsible, your insurer can seek reimbursement from theirs (Kiefer & Kiefer).
- Tell your neighbor and swap insurance information. Keep it calm and factual.
- Get written removal estimates from a Louisiana-licensed arborist; the adjuster may ask for them. See what tree removal costs in Shreveport.
- Unhappy with how your claim is handled? The LDI's Consumer Services Division takes complaints at 800-259-5300 (LDI After the Storm Q&A).
Need the tree removed?
Red River Tree Removal is a free referral service, not a tree company and not a law firm. Tell us what happened and we'll pass your request to a local tree service in the Shreveport–Bossier area that can give you a written estimate for your adjuster.
Frequently asked questions
Is my neighbor responsible if their tree falls on my house in Louisiana?
Usually not, if the tree was healthy and fell in a storm. The Louisiana Department of Insurance says your own insurer normally pays in that case. Your neighbor or their insurer would probably be responsible only if the tree was dead or weakened and the owner should have known it was dangerous, which matches Louisiana Civil Code article 2317.1.
Who pays to remove a neighbor's tree that fell on my fence?
According to the Louisiana Department of Insurance, if a neighbor's healthy tree damages your fence, your policy pays for the fence and for removing the tree, because the fence is a covered structure. Your deductible and policy limits still apply.
What if my neighbor's tree was dead or rotten before it fell?
Then your neighbor may be liable. Under Louisiana Civil Code article 2317.1, a tree owner is answerable if they knew or should have known of the defect, could have prevented the damage with reasonable care, and didn't. Photograph the tree's condition and tell your insurer, which can pursue the neighbor's insurer.
Can I make my neighbor trim branches that hang over my yard?
Under Louisiana Civil Code article 688, you can demand that a neighbor's branches or roots extending onto your property be trimmed at the neighbor's expense, but only if they interfere with your enjoyment of your property.
Does my neighbor have to remove their tree from my yard after a storm?
Possibly. In Allen v. Simon (La. App. 3rd Cir. 2004), the court said an act of God may block a damage claim but doesn't necessarily relieve the owner of responsibility for removing the fallen tree. Outcomes depend on the facts, so ask your insurer or an attorney.
Sources
- Louisiana Department of Insurance, Post-Disaster Guide and After the Storm Q&A (PDFs)
- Louisiana State Legislature, Civil Code art. 2317.1 and art. 688
- Jones Walker LLP, Falling Trees During a Hurricane: Are You Liable? (2008; summarizes Brown v. Williams, 850 So.2d 1116, and Allen v. Simon, 888 So.2d 1140)
- Louisiana Supreme Court, Loescher v. Parr (1975) (background; decided before art. 2317.1 was enacted in 1996)
- Kiefer & Kiefer, Who is responsible if my neighbor's tree fell on my property?
- KSLA News 12, Who's responsible for the fallen trees? (March 2025)