Can the neighbor show the tree or limb was diseased, rotten or hanging and ready to fall? If not what's the theory of liabilty against you? There is no strict liability in Iowa for injury or damage to a person or property occuring on someone's property. There has to be a defect that the owner knew of or should have known of it's existence.

There was an ice storm that hit my area of Iowa and a limb from my tree hit my neighbors garage. it only put a small hole in the overhead garage door and dented the rain gutter. to what extent am I liable for that damage? is it my responsibility to pay for repairs or is that her insurances responsibilty? Is this an act of God?

 

A: Can the neighbor show the tree or limb was diseased, rotten or hanging and ready to fall? If not what's the theory of liabilty against you? There is no strict liability in Iowa for injury or damage to a person or property occuring on someone's property. There has to be a defect that the owner knew of or should have known of it's existence.


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