Who’s responsible for damage from fallen trees? What to know after Kansas City storms
Powerful straight-line thunderstorms blew through the Kansas City area overnight, knocking down trees and power lines and causing thousands to go without electricity into Thursday morning.
Property damage from these fallen items is a common occurrence during thunderstorms, and it can make your home unsafe.
Jim Connelly with the Kansas City Office of Emergency Management recommended in 2023 that if a tree falls on your house, you should quickly evacuate if you can. He said you don’t want to be inside a house with structural damage in case it collapses.
But once the storm is clear and it’s safe for you to assess any damage done, what should you do with any fallen trees?
What if your neighbor’s tree falls on your property and causes damage to your house or car? Who should clean that up? And who will pay for it?
Here’s what to know about property damage caused by thunderstorms.
Who’s responsible for fallen trees?
If a tree that fell and caused damage was planted on your property, it’s your responsibility, Connelly said. It also falls on you to notify your home insurance company. He recommended calling a tree removal company to help remove the fallen tree.
However, a homeowner can be legally liable for injury or damage caused to a neighbor’s home or vehicle by a downed tree if they knew the tree was at risk of falling, according to a blog post by Community America Credit Union.
If you are a tenant, Connelly said you should notify your landlord or the property owner right away. It is their responsibility to deal with the tree removal and insurance.
Will my insurance cover any damage caused by a fallen tree?
Your insurance may cover damage done to your home caused by a fallen tree, according to insurance company Allstate.
A homeowners insurance policy protects your home and structures like fences against specific causes of loss, known as perils, Allstate’s blog post says. Covered perils typically include damage caused by wind.
“If the tree was otherwise healthy and damaged your home because of wind, a typical homeowners insurance policy may help pay to repair damage to your home or other structure on your property,” the Insurance Information Institute says.
Homeowners insurance usually won’t cover loss or damage caused by negligence or a maintenance-related issue, Allstate says. If the tree was rotting and ready to fall before the storm, homeowners insurance likely would not cover the damage the tree caused to your home.
What if a tree falls on a KC sidewalk or street?
Connelly said Kansas City is responsible for trees if they are planted in the city’s right of way, which means the tree is on public property. This is determined by the city’s property lines, which can be found on the parcel viewer by searching your address.
If that’s the case, the next step is to report the fallen tree by calling 311, or reporting the tree online through the city’s MyKCMO portal. The city will send someone to investigate and will remove the tree if it’s a city tree.
This same idea extends beyond Kansas City into surrounding areas, too. For example, in Overland Park, you can report a fallen city tree to OPCares.
Not all sidewalks are public. For example, the sidewalks in the Westport entertainment district are private property after the city council voted to make them private in 2017. If trees were to fall on Westport sidewalks, that would be the responsibility of the property owners.
You would also be responsible for tree removal if a tree from your property falls onto a sidewalk, as Kansas City’s City Forestry is only responsible for right of way trees, trees within the road and on sidewalk areas of city property.
This story was originally published August 1, 2024 at 12:33 PM.
