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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?

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And does it make a sound? – Seth J Nov 2 '12 at 14:18
See BK 6:1: If a man brings sheep into a corral and locks the door in front of them properly, but the sheep escape and do damage, patur. If so with sheep, likely so with a tree (IMO). – Charles Koppelman Nov 2 '12 at 17:11
@CharlesKoppelman So you're saying that to be patur one would have had to have a net in place under the tree to try and catch falling branches? – Double AA♦ Nov 2 '12 at 17:22
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@DoubleAA No. Basic due diligence seems to be the key. Locking in sheep is the common way of keeping them from doing damage. The common way of keeping a tree from doing damage is basic maintenance (stake it if it's precarious, trim dangerous branches, don't uproot it). I don't know what halakha says, but this would be a good place to start. (hence this is a comment, not an answer) – Charles Koppelman Nov 2 '12 at 17:48

1 Answer

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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.

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