If one has a tree in their property/yard, (or similarly a tree within a jointly owned courtyard) and it falls into a public area [due to heavy winds] and damages...
Is the owner of the tree liable in any way?
If one has a tree in their property/yard, (or similarly a tree within a jointly owned courtyard) and it falls into a public area [due to heavy winds] and damages...
Is the owner of the tree liable in any way?
Mishneh Torah Hilkhot Nizqei Mamon 13:18[19] (and Shulchan Arukh Choshen Mishpat 416) says (in Eliyahu Touger's translation):
When a wall or a tree falls into the public domain and causes damage, the owner is not required to compensate [for the damages]. [This applies] even when he declared [the tree or the wall] ownerless. [The rationale is that these entities] do not resemble a cistern, for at the outset, [it is not likely] that they will cause damage.