Poland: Legal liability for damages caused by trees

Under Polish law, property owners bear responsibility for damages caused by trees on their land, such as falling branches damaging vehicles or neighboring fences. This liability is governed by the principle of fault under Article 415 of the Civil Code. To claim compensation, a victim must prove the owner was negligent, such as by ignoring visible signs of disease or structural danger.

Conversely, if a tree is well-maintained and falls due to a sudden storm or force majeure, the owner is generally not held liable. Additionally, natural occurrences like falling leaves, nuts, or cones do not qualify for compensation.

Owners have a legal obligation to maintain greenery in accordance with the Constitution and the Nature Protection Act. While routine maintenance typically does not require formal permits—except on registered historical sites—specialized work should be performed by professionals to ensure it meets horticultural standards. Neighbors also hold specific rights, including the ability to trim branches or roots that encroach upon their property under Article 150 of the Civil Code.