Trees Falling Like Dominoes in Manchester, NH: Your Legal Rights (and Survival Guide) When a Neighbor's or City Tree Crashes the Party
By Attorney Joseph Kelly Levasseur, Levasseur Law NH – Manchester, New Hampshire
New Hampshire wind and snowstorms—Mother Nature's version of a bad game of Jenga. Today those big leafy giants decided to redecorate half the city: cars dented, garages flattened, roofs turned into skylights you never asked for. If one just belly-flopped onto your property, you're probably wondering three things:
- Am I safe?
- Who pays for this mess?
- And can I sue my neighbor (or the city) without becoming the neighborhood villain?
Step 1: Safety First (Before You Become Part of the Debris)
- Power lines down? Treat them like angry rattlesnakes. Stay clear, call 911 and your utility company (Eversource or whatever serves your block) immediately.
- Tree still balanced like a bad tightrope act? Don't play lumberjack. Let pros handle it.
- Everyone okay? Good. Now document like you're filming a true-crime documentary.
Step 2: Call Your Homeowners Insurance—Your New Best Friend
Regardless of whose tree it was, you file with your policy first for damage to your house, garage, car, or other structures. That's how it works in New Hampshire (and most states). Your insurer pays for covered wind/falling-object damage (minus your deductible), then they can chase the neighbor or city for reimbursement if someone else was negligent.
Bonus: Many policies give limited tree-removal coverage (often $500–$1,000) if the tree hit a covered structure. If it just landed in your yard like a disappointed houseguest—no damage to the building—tree removal is usually on you.
Step 3: Neighbor's Tree vs. City Tree – Who's Actually on the Hook?
A. Your Neighbor's Tree (The “Thanks, Buddy” Scenario)
- Healthy tree + freak wind storm = “Act of God.” Your neighbor is not liable. You use your own insurance. They're not responsible for the cleanup on your side either (though most neighbors help or split costs because they're decent humans).
- Dead, diseased, or visibly rotting tree + they knew (or should have known)? Now we're talking negligence. Under the 2011 New Hampshire Supreme Court ruling in Pesaturo v. Kinne (https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-08/2011022pesat.pdf), a landowner who knows or should know their tree is decayed or defective has a duty to maintain it. If it falls and causes damage, they (or their insurance) can be held accountable—even if the harm happens off their property. (See the NH Municipal Association summary (https://www.nhmunicipal.org/court-update/road-agents-take-note-court-announces-new-liability-rule-damage-caused-decayed-or) for the Court's exact wording:
A landowner who knows or should know that his tree is decayed or defective and fails to maintain the tree reasonably is liable for injuries proximately caused by the tree… the manifestation of the tree's decay must be readily observable.”)
Practical move: If you had previously texted, emailed, or (better) sent a certified letter saying “Hey, that oak looks like it's one stiff breeze from starring in a disaster movie,” save it. It strengthens a negligence claim.
B. City-Owned Tree (The “Thanks, Manchester” Scenario) Same rule applies to municipalities. The City of Manchester (or any NH town) can be liable if they knew or should have known the tree was hazardous and failed to act.
- Roadside or right-of-way trees: RSA 231:145 (https://law.justia.com/codes/new-hampshire/title-xx/chapter-231/section-231-145/) gives cities the power to declare a tree a “public nuisance” if it endangers the traveling public or spreads disease, then remove it (often at no cost to the abutter after proper notice).
- What to do: Report it immediately to Manchester Department of Public Works (DPW) at (603) 624-6444 or via the city's online portal: Manchester NH Connect / SeeClickFix (https://www.manchesternh.gov/Residents/Report-a-Concern).
- Wait for your insurance adjuster's blessing before doing major removal or repairs (except for temporary tarps or safety measures).
- Hire licensed, insured tree pros—don't let Uncle Bob with a chainsaw turn this into a bigger claim.
- Keep every receipt. Insurance loves paper trails more than we love coffee in a crisis.
- Walk your property (and chat with neighbors) after big storms.
- Get a professional arborist inspection on suspect trees—especially leaning, dead-limbed, or hollow ones.
- Document any complaints you make to neighbors or the city. Paper (or certified mail) beats “I told them last summer” every time.
When a tree decides to audition for Twister 2 on your roof, it feels like the universe is picking on you personally. But NH law is actually pretty fair: healthy storm-blown trees are nobody's fault, but obvious hazards are everyone's responsibility. If you're dealing with fallen-tree drama in New Hampshire right now—damage to your home, car, or garage, disputes with a neighbor, or a run-in with the city—don't go it alone.
Give our office a call. We've helped plenty of Granite Staters turn “act of God” headaches into resolved claims and fair outcomes.
Stay safe out there.
Attorney Joseph Kelly Levasseur
Levasseur Law NH | Manchester, NH
X: @LevasseurLawNH
Levasseur Law NH | Manchester, NH
X: @LevasseurLawNH
(https://x.com/LevasseurLawNH)
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