SlickDamian
ArboristSite Lurker
- Joined
- Dec 9, 2014
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I am being sued for death of a 50years old American Elm that I pruned two years back. Tree has been removed and stumped by the treeowner.
I was hired by a client to prune branches of an Elm that was situated on neighbour's yard.
The tree owner (neighbour) is asking my client for cost of removal of tree, replacement, etc. because he thinks that the pruning cuts made the tree more susceptible to DED (Dutch Elm Disease). What he's asking adds up to $20K. At least that's what the guy is seeking.
Now, my client decided to sue me for this matter. Because I am the one who performed the job.
I just came back from the Settlement Conference and my client offered the tree owner $3250 and I offered $1130 (cost of work) + Stump removal for that tree (around $900) + $500
Tree owner declined the offer and he said he'd take the offers if I can dig a hole by the subject tree's location for an 18' tall tree. We could not settle and we will be bringing this matter to a Trial within a month or so.
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Here's some background of the story:
I am a young Canadian ISA Ceritified Arborist who completed Arborist apprenticeship in 2015.
My dad owned a small tree company since 2012 without much knowledge and I was in school to make the business a little more legitimate.
In August 2014, I have pruned an American Elm for a client who had a neighbour's tree branches dragging on his roof and shingles. Thus he hired me to prune back them branches he wanted. I personally quoted and performed the work.
I was not a CA back then but was in first year apprenticeship.
I did prune the branches that he requested and I tried my best to follow a good arboricultural pruning practice
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As mentioned above, the treeowner think the tree died due to my pruning cuts at the wrong time of the season.
My client thinks he is not liable because he hired a "professional".
The judge at the conference didn't listen to me at all and he looked at it this way:
There was a 50year old Elm tree
Neighbour hired a professional to prune a tree
Pruning was done at the wrong time of the season (not recommended practice according to standards, it is even banned in some states/ provinces in North America)
Damage is done and if they should be liable, the client and the contractor should be liable something like 50:50
My defense was that the tree was healthy, but was not maintained at all. No preventative measure has been taken so it was going to get it anyway. DED has been around for decades and is still around killing healthy American Elms and it is the cause of nature.
Interesting fact that I must add is that there is a neighbouring young American Elm about 20cm DBH that is still alive.
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It is hard because my client's defense is pretty much the same as mine but when the judge does not agree, they will blame everything on me because I should've known better.
It is a bitter pill to swallow. Anyone has an advice? opinion? any articles related to it?
I am going to consult a lawyer to see what my options are.
Thank you very much and I will await your interesting insights.
Damian
I was hired by a client to prune branches of an Elm that was situated on neighbour's yard.
The tree owner (neighbour) is asking my client for cost of removal of tree, replacement, etc. because he thinks that the pruning cuts made the tree more susceptible to DED (Dutch Elm Disease). What he's asking adds up to $20K. At least that's what the guy is seeking.
Now, my client decided to sue me for this matter. Because I am the one who performed the job.
I just came back from the Settlement Conference and my client offered the tree owner $3250 and I offered $1130 (cost of work) + Stump removal for that tree (around $900) + $500
Tree owner declined the offer and he said he'd take the offers if I can dig a hole by the subject tree's location for an 18' tall tree. We could not settle and we will be bringing this matter to a Trial within a month or so.
------------------------------------------------------------------------------------------------------------------
Here's some background of the story:
I am a young Canadian ISA Ceritified Arborist who completed Arborist apprenticeship in 2015.
My dad owned a small tree company since 2012 without much knowledge and I was in school to make the business a little more legitimate.
In August 2014, I have pruned an American Elm for a client who had a neighbour's tree branches dragging on his roof and shingles. Thus he hired me to prune back them branches he wanted. I personally quoted and performed the work.
I was not a CA back then but was in first year apprenticeship.
I did prune the branches that he requested and I tried my best to follow a good arboricultural pruning practice
------------------------------------------------------------------------------------------------------------------
As mentioned above, the treeowner think the tree died due to my pruning cuts at the wrong time of the season.
My client thinks he is not liable because he hired a "professional".
The judge at the conference didn't listen to me at all and he looked at it this way:
There was a 50year old Elm tree
Neighbour hired a professional to prune a tree
Pruning was done at the wrong time of the season (not recommended practice according to standards, it is even banned in some states/ provinces in North America)
Damage is done and if they should be liable, the client and the contractor should be liable something like 50:50
My defense was that the tree was healthy, but was not maintained at all. No preventative measure has been taken so it was going to get it anyway. DED has been around for decades and is still around killing healthy American Elms and it is the cause of nature.
Interesting fact that I must add is that there is a neighbouring young American Elm about 20cm DBH that is still alive.
---------------------------------------------------------------------------------------------------------------------
It is hard because my client's defense is pretty much the same as mine but when the judge does not agree, they will blame everything on me because I should've known better.
It is a bitter pill to swallow. Anyone has an advice? opinion? any articles related to it?
I am going to consult a lawyer to see what my options are.
Thank you very much and I will await your interesting insights.
Damian