Damage from falling trees in a condominium: liability

When a tree or branch from the shared garden falls and causes damage to people or property, the condominium is generally liable as custodian of the greenery, under Article 2051 of the Italian Civil Code. This is a strict liability: the condominium must compensate unless it proves a fortuitous event, that is an unforeseeable and exceptional occurrence. Documented tree maintenance and adequate insurance are the two key tools to reduce the risk and the community's financial exposure.

Custodian liability under Article 2051

A tree is legally a thing and its owner is its custodian. Article 2051 of the Civil Code provides that everyone is liable for damage caused by the things in their custody, unless they prove a fortuitous event. In a condominium the garden and its plants are common parts under Article 1117, so custody rests with the community of owners and with the administrator who maintains them. The injured party need only prove the link between the thing and the damage, for example the branch falling on the car; it is for the condominium to prove a fortuitous event to escape liability.

When the fortuitous event applies

A fortuitous event is an unforeseeable, exceptional and unavoidable occurrence that breaks the chain of causation. Invoking bad weather is not enough: a strong but seasonally foreseeable wind does not, in itself, exclude liability if the tree was diseased or poorly maintained. For the fortuitous event to apply there usually needs to be a truly extraordinary occurrence, or proof that the plant was healthy and diligently maintained and that the fall depended on an unforeseeable external cause. The injured party's grossly imprudent conduct may also count as a fortuitous event.

Typical damage and parties involved

Incidents linked to shared trees are varied and do not concern only the fall of the whole plant. The recurring casework helps to understand where to focus prevention.

• A tree or large branch falling on a parked car or on people.
• Roots lifting and damaging the neighbour's paving, walls or garage.
• Dead branches breaking off during ordinary weather events.
• Damage to systems, fences or roofs caused by vegetation.
• Leaves and debris blocking drains and causing flooding.

Prevention as a defence

The best defence against liability is documented prevention. Scheduling periodic plant checks, having an agronomist assess the stability of at-risk trees, carrying out the necessary pruning and felling and keeping a record of it allows the condominium to demonstrate its diligence. A visibly diseased and untended tree makes it almost impossible to invoke a fortuitous event. Conversely, an orderly register of inspections, technical reports and works strengthens the condominium's position in the event of an incident.

The role of insurance

The building's global insurance policy generally covers the condominium's civil liability towards third parties, including damage arising from common parts such as the greenery. It is essential to check that cover is appropriate to the value and to the presence of high trees, and that there are no exclusions for lack of maintenance. In the event of damage the administrator must promptly report the claim to the insurer, gather evidence and repair quotations and manage relations with the injured party. Insurance does not replace maintenance: damage from negligence may be challenged by the insurer.

What the administrator must do

Faced with a risk or an incident, the administrator must act promptly. Where a plant is unstable, they may act urgently under Article 1135 of the Civil Code to prevent the damage, securing the area and then reporting to the meeting. After damage they must document the state of the sites, activate the policy and bring decisions on definitive works to the meeting. An orderly greenery file, with reports, resolutions and proof of maintenance, is the most effective protection.

With AmministraPro the administrator can schedule periodic tree checks, archive technical reports, resolutions and claim notices and keep an orderly record of the shared greenery's maintenance. The features are described on the /funzioni page and the plans on the /prezzi page.