CT HB05655

Creates a presumption of liability for property owners whose trees or limbs fall onto adjoining properties, effective October 1, 2017, if an arborist documented the tree was diseased, decayed, or damaged and likely to fall within five years.

Requires the adjoining property owner to provide written notice by certified mail to the tree owner requesting removal, pruning, spraying, or other appropriate treatment, and the tree owner must cure the condition within 90 days of receiving notice.

Allows the presumption of liability to be rebutted if a subsequent arborist inspection shows the tree was not diseased or damaged, or if the tree fell due to other causes such as vehicle collision, fire, lightning strike, or act of God.

Exempts from liability provisions real property owned by political subdivisions, water companies, nonprofit 501(c)(3) organizations, and conservation easement properties, as well as timber land and farm/forest/open space land as defined in state statutes.

Permits liability insurance companies to deduct amounts recovered under this section from covered losses and does not prevent policyholders from pursuing additional civil remedies available under law.