Introduction

This article examines Georgia statutes concerning property owner responsibilities and liability for damage caused by trees in the context of neighboring property damage.

Scenario

A homeowner owns property on Vineville Avenue in Macon, Georgia, with several large oak trees near the property line. During a thunderstorm, a large limb from one of the trees breaks off and falls onto the neighbor’s car parked in their driveway. The fallen limb causes substantial damage to the vehicle’s roof and windshield. The tree showed visible signs of disease before the storm.

Georgia Law

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Nuisance from Trees

Georgia Code § 41-1-1: “A nuisance is anything that causes hurt, inconvenience, or damage to another and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance. The inconvenience complained of shall not be fanciful, or such as would affect only one of fastidious taste, but it shall be such as would affect an ordinary, reasonable man.”

Damages from Nuisance

Georgia Code § 41-1-2: “Damages recoverable for a nuisance are the same as in other cases of torts and, as in other cases of continuing torts, the cause of action shall be complete with each damaging event.”

Abatement of Nuisances

Georgia Code § 41-2-1: “Any nuisance which tends to the immediate annoyance of the public in general, is manifestly injurious to the public health or safety, or tends greatly to corrupt the manners and morals of the people may be abated under the direction of the judge of the superior court of the county in which venue is proper.”

Conclusion

The scenario describes a tree limb falling from a homeowner’s property onto a neighbor’s car in Macon, Georgia. Georgia Code § 51-1-2 establishes the general duty of care. Georgia Code § 41-1-1 defines nuisance. Georgia Code § 41-1-2 addresses damages for nuisance. These statutes establish the framework for property owner liability under Georgia law.

FAQ

Q: What general duty does Georgia Code § 51-1-2 impose? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Q: How does Georgia Code § 41-1-1 define a nuisance? A: Georgia Code § 41-1-1 defines a nuisance as “anything that causes hurt, inconvenience, or damage to another and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance.”

Q: What damages are available under Georgia Code § 41-1-2? A: Georgia Code § 41-1-2 states: “Damages recoverable for a nuisance are the same as in other cases of torts and, as in other cases of continuing torts, the cause of action shall be complete with each damaging event.”

Q: Where are nuisance laws found in the Georgia Code? A: Nuisance laws are found in Georgia Code Title 41, Chapters 1 and 2.

Q: Does the lawfulness of an act prevent it from being a nuisance? A: Georgia Code § 41-1-1 states “the fact that the act done may otherwise be lawful shall not keep it from being a nuisance.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.