CT HB07188

Property owners are presumed liable for removal costs when a tree or limb from their property falls on adjoining private property if an arborist inspected and documented the tree as diseased, decayed, or damaged and likely to fall within five years.

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

The presumption of liability can be rebutted by showing the tree was not diseased or damaged after notice was given, or that the tree fell due to other causes including motor vehicle collision, fire, lightning, or act of God.

The law excludes property owned by political subdivisions, water companies, tax-exempt nonprofits, conservation easements, timber land, farm land, forest land, and open space land from liability provisions.

Liability insurance companies may deduct amounts recovered under this law from covered losses, and the act does not prevent injured parties from pursuing other available civil remedies.