How do you know that there isn't any negligence on the part
of the tree owner?
Also, you obviously don't know much about small claims court.
Smart people can often get judgements against parties who may
be technically innocent.
Final point: A neighbor's tree came down in my mother's yard
last summer. It took out part of her wooden privacy fence plus
some of her landscape items. The neighbor's insurance covered
tree removal on her lawn, cleanup, and damages. Maybe the
neighbor was nice and paid for this himself and fibbed. I don't
know, but I know enough to be astute and realize that situations
vary, laws vary, and legal interpretations vary.