Neighbor's Tree Fell on My House in Louisiana: Who Pays?

Last reviewed October 20, 2026. Sources are listed at the end of this page.

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Short answer: if your neighbor's tree was healthy and a storm brought it down, your own insurance normally pays to repair your property and remove the tree from your house. Your neighbor (and their insurer) is usually responsible only if the tree was dead, rotten, or visibly weakened and they knew or should have known it was dangerous. That's the Louisiana Department of Insurance's guidance, and it follows Louisiana Civil Code article 2317.1.

This page is general information, not legal or insurance advice. Every policy and every case is different. For a disputed claim, talk to your insurance agent or a Louisiana attorney.

What the Louisiana Department of Insurance says

The Louisiana Department of Insurance (LDI) answers this question directly:

• If your neighbor's healthy tree falls on your home, fence, or other property, it is your insurance company's responsibility to pay for repairing the damage.
• Your neighbor's insurer would probably accept liability only if the tree was dead or weakened in a way the owner should have known was dangerous before it fell.
• Your policy also generally covers removing the tree from a covered structure it damaged (the LDI's example is a neighbor's tree that crushed a fence).

The LDI's After the Storm Q&A says the same thing. A Shreveport insurance agent, Wayne Watley, gave KSLA the same rule of thumb in 2025: a well-kept, healthy tree that falls on a neighbor is the neighbor's insurance; a rotten, dead, or neglected tree is the responsibility of the owner where it stood (KSLA).

What Louisiana law says

The key rule is Louisiana Civil Code article 2317.1. The owner of a thing (including a tree) is answerable for damage caused by its "ruin, vice, or defect" only if:

1. they knew, or in the exercise of reasonable care should have known, of the defect;
2. the damage could have been prevented by reasonable care; and
3. they failed to exercise that reasonable care.

Source: La. Civ. Code art. 2317.1 (Louisiana State Legislature).

In practice, that means a homeowner whose healthy tree is blown over by a storm usually isn't liable, while one who ignored an obviously dying tree may be.

Court cases from our area

• Brown v. Williams (La. App. 2nd Cir. 2003, the appeals court that covers Shreveport–Bossier): the owners of a large oak admitted they had done no maintenance at all, even after a big limb broke off about ten years earlier. When the oak fell on the neighbor's house in a storm that spawned a tornado, the court upheld the ruling against them; the storm didn't excuse them because ordinary care could have prevented it. (Summary from Jones Walker LLP.)
• Allen v. Simon (La. App. 3rd Cir. 2004): a neighbor's tree fell on the plaintiff's property in a hurricane. The court said an "act of God" can block a claim for property damage but doesn't necessarily free the owner from responsibility for removing their fallen tree from the neighbor's property, and sent the case back for further proceedings (same source).

These are fact-specific decisions, not guarantees about your case.

Branches and roots before anything falls

If a neighbor's branches or roots reach into your yard and interfere with your use of your property, Louisiana Civil Code article 688 gives you the right to demand that they be trimmed at the neighbor's expense. You don't have that right if they don't interfere with your enjoyment of the property (La. Civ. Code art. 688).

If you're worried about a dead or leaning tree next door, putting your concern in writing (and keeping a copy and photos) creates a record that the owner was told about it. Under article 2317.1, whether the owner knew or should have known about the defect matters.

Common situations

Sources: LDI Post-Disaster Guide; La. Civ. Code art. 2317.1.

What to do right now

1. Safety first. Stay away from the tree and any wires. See our storm checklist for a tree on your house or power line.
2. Photograph the damage and the tree, especially the trunk, the break or root plate, and any rot or hollow sections. If you think the tree was defective, that evidence matters.
3. File with your own insurer. Kiefer & Kiefer, a Louisiana law firm, notes that the simplest route is to claim on your own policy; if your neighbor may be responsible, your insurer can seek reimbursement from theirs (Kiefer & Kiefer).
4. Tell your neighbor and swap insurance information. Keep it calm and factual.
5. Get written removal estimates from a Louisiana-licensed arborist; the adjuster may ask for them. See what tree removal costs in Shreveport.
6. Unhappy with how your claim is handled? The LDI's Consumer Services Division takes complaints at 800-259-5300 (LDI After the Storm Q&A).

Need the tree removed?

Red River Tree Removal is a free referral service, not a tree company and not a law firm. Tell us what happened and we'll pass your request to a local tree service in the Shreveport–Bossier area that can give you a written estimate for your adjuster.