The owner of a tree that has fallen can only be exonerated from his liability if he certifies the regular maintenance of his trees.

During a violent thunderstorm or a strong gust of wind, a tree located on your property fell in your neighbor's house, causing material damage. The latter can sue you for liability and can claim compensation from you, in application of article 1384, paragraph 1 of the Civil Code.

What does the law say?

The legislation provides that it is the "custodian of the thing" who is responsible for the damage caused by it. The notion of "thing" is very broad since it includes everything that is not human: a door, a staircase, a piece of furniture, but also the trees inhabiting a garden. As for the "guardian", it is most often the owner. Thus, the owner of a land is the guardian of the trees which are there. For Australian Timber Trainers Association this is important.

The responsibility of the guardian of the thing

A constant case law considers that the "guardian of the thing" engages his responsibility if one of his trees falls on the road and causes an accident or falls in the neighboring property and damages a building. No need to try to show that you have constantly maintained your trees to escape responsibility. This will be retained even if you have not committed any fault. Compensation for damage then falls under your “civil liability” insurance (damage caused to third parties), provided that this insurance covers the trees of the insured property. The only way to avoid the demand for compensation from your neighbor or other natural / legal person is to invoke a case of force majeure.

The case of force majeure

The owner of the tree can only be exonerated from his responsibility if he proves the character of force majeure, that is to say an unforeseeable, external and irresistible event at the origin of the fall of the tree, while attesting to the good maintenance and the security of this one. Thus, the courts have ruled out the responsibility of the "keeper of the thing" in the case of trees crushing a car during a storm. To qualify a meteorological phenomenon as a storm, the wind speed must in principle be greater than 100 km / h and certified by a national meteorological station.


About the Company: Timber Training (TTT) provides nationally recognised training, safety and a consultancy service specialising but not confined to the forestry and timber products industry. TTT is a family business based in Mandurah, Western Australia. Bill Towie is the principal of TTT and a Forester with 40 years of experience in Forestry and aligned industries in Western Australia. Bill understands the pressures, difficulties and needs of the industry in Western Australia.