Liability Thread

[suprherosndwch]

A few general questions, maybe it will lead to a conversation. Say all these situations happen in California.

-You top a tree, it rots, and falls on something or somebody. Is the tree company liable, is the home owner liable?

-You have a seemingly healthy tree, but a bad wind storm puts it in your neighbors living room. Whose insurance picks up the tab?

-You advice a customer to remove a tree because it's hazardous. They don't, it falls, and hurts somebody. Are they liable; are you liable?

-You plant a tree in the corner of your yard, and it gets big. A drunk slams into it killing himself. Did you create a public hazard.

Don't know if there is a publication that covers these kind of topics or not, if somebody knows of one, I would like to know about it.

 

[Lumberjack2277]

In Alabama....

And i'm sure its probably the same, or close to it in other states, my experience is this.....
If you top a tree, and it falls on someone or something later after the job is finished, then that would fall onto the homeowners liability!!

If said wind storm puts the tree in your neighbors house.... I hope they have insurance, cause they'll need it!! "Nature Acts" happen!!

If you advise a customer to remove a tree, and they don't, its all on them. I guess another way to look at it is.... should you do it for free for safety issues then??! No way...

And last and final, from my point of view, and most of the civil earth, if a drunk hits your tree at the corner of your yard and dies from it.... he shouldn't been drinking and driving!! The only argument to this would be if you planted said tree ON the right of way... say where your mailbox is normally located. Thats why most states now require road-side mailboxes to be "Break-away" in design.... no more brick ones!!

 

[NORTREE]

DON'T TOP TREES!!!!! Personnally I feel that if you top a tree(and you are paid as a proffessional)and a sucker grows and fails and injures someone then you shuld be just as responsible as the homeowner but maybe more so since YOU are supposed to be the proffessional!!:angry2:

 

[suprherosndwch]

Settle down, I have never topped a tree. I was just hoping to start a conversation on liability in the field. Actually more of what I was hoping to get a response about is in the realm of what an arborists liability is for noticing a potential hazard. Right now I believe that if you have a tree and it falls and hits the neighbors house, their insurance covers it. But if you have a professional come out and evaluate it and they say it looks bad, it falls and hits a house, then the owner new it was a hazard and would be responsible. Then the part that worries me, if as an arborist, I go out and don't notice a dangerous tree, it falls, damage ect., am I responsible.

 

[son of a beech]

you are right on the money, "Duty of care" and "Standard of Care" 2 words every professional should be up with. Your "duty of care" as a Professional tree dude is to have the experiance and credentials to recognize a hazard tree, and notify the owner, thus clearing you of all liability. "Standard of Care" is is how that hazard is taken care of, removal insted of toppinig (not that im pointing fingers at you for topping, just an example) or pruning a hazardous limb the proper way.

 

[son of a beech]

as for not noticing a hazard just keep looking up and down and know what to look for, pretty soon you just cant help but seeing funny tree things. But I think if you are not aware of the hazard or did not notice then you could still be liable. Best advice, take a hazard tree assessment course. up here in the PNW we hace a Certified Hazard Tree Assessor class, very worth the time and money.

 

[suprherosndwch]

Thanks SOB, I'm hoping to get to one of those classes later this year. This issue really hit me last week. I was asked to take a look at taking down a couple of pine trees in a back yard. After looking at them, and walking out past the trees in the front, I asked the home owner about another large pine in the front. It had a top pop off 15 years ago and go through his house. $35,000 damage. I don't know why, but that tree wasn't a priority to him. Anyway, I had that feeling you were talking about, so i cored it. Squish. Got out an ax, and it had termites in a good 6" most of the way around it except for about 12 inches of cambium still keeping the top green. This is a big tree. 40" and still nearly 100' tall after the top came off, and it's leaning towards the house. It's obviously going to be coming down soon, and if i had missed it, from what you are saying, I would have been on the hook in some way. Anyway, I got him in contact with a good crane crew and they should have it down soon.

S