Colorado Springs, El Paso County seek to address confusion about tree damage responsibility
COLORADO SPRINGS, Colo. (KRDO) -- City and county officials said Thursday that resources to recover from Wednesday's windstorm are being unnecessarily strained by misinformation about who's responsible for fallen trees and related damage.
Officials emphasized that homeowners and other private property owners are responsible for cleaning up and removing their own tree and yard debris after a storm; crews will not pick up that debris unless it came from a tree on city property or is near a power line.
Private tree debris that has fallen onto city property, officials said, will be cleared and neatly stacked in the yard of the private property owner, who still bears the responsibility of disposing of it.
City forester Dennis Will said that trees between sidewalks and curbs are the city's responsibility, but that the city doesn't reimburse for damage caused by those trees on private property unless it was previously marked for removal or pruning; in that case; otherwise, property owner should file a claim with their insurance carrier.
Officials also said that 9-1-1 emergency dispatchers are being overwhelmed with non-emergency tree-related calls, and people who need help with debris should call the United Way at its emergency 2-1-1 number.
A common question after a storm is who's responsible if your tree falls into a neighbor's yard and causes damage, or vice versa.
According to the Rocky Mountain Insurance Information Association, the person who has damage from a neighbor's tree -- not the tree owner -- should file a claim with his or her insurance carrier.
"Unless there's some liability (and the owner has) been negligent with that tree, or the city or neighbors asked you to remove it because it was considered a dangerous tree," said RMIIA executive director Carole Walker. "Then (the owner) may have some responsibility financially, and liability."
"The person who owns the tree isn't held responsible unless you can document that the tree has been an issue in the past, and the owner has been notified about it," she added.
The RMIIA also said that homeowners should check their insurance policies to know if they include a deductible for wind damage, and determine if the amount of damage meets the deductible.
"And when something falls on your car, that's usually covered under the comprehensive portion of your auto insurance," Walker said. "Most people do have that."
Lenard Vasquez, who lives in west Colorado Springs, said that he suspected the tree that fell on his home Wednesday was owned by the city.
"But I went ahead and cleaned it up myself," he said Thursday. "A firefighter in the neighborhood helped me. Fortunately, I didn't have any damage. I didn't want to leave the tree on my house and blocking the sidewalk any longer than necessary. But I hope the city comes and picks up the debris for me. I know those crews are busy, though."
