Need Advice

[timbertree]

Need advice on where does the liability of an Arborist end. Current Situation; received a call to bid on removing a 60' tulip polar tree. Home owner concerned because little signs of foliage on top and dropping branches. When I arrived and after introductions I was shown the tree, approximately 60 - 70' with 4' dbh. As indicated very little sign of foliage on crown. But, after closer examination it get's seriously worse. I first noticed decay matter all around the base of tree, which when I looked at the back side indicated why. Over sixty percent of cavity is gone. I stand 5'-10' and could easily walked inside the tree. I went back to my truck to grab a flash light to see just how far up this cavity went. From what I can determine from the ground, I'm estimating a good 20' up is hollow. Oh it's get's better, this tree is located in a fenced backyard, with the neighbors house less than 25' feet away and a three car garage with an apartment within 30'. Not to mention there's very a very little drop zone. This tree is leaning right toward the neighbors house. No way to do any roping, would need to the crane. I figured up my estimate, mark the tree with paint and then presented my proposal to the home owner. I explained the difficulty of removing this tree and equipment that I would be using. At this time, I noticed the neighbor standing in the driveway. I introduced myself and asked permission if I was awarded the job if I could use their driveway. Neighbor had no problem, says he wants the tree down. I then direct my attention back to the home owners who have a few more questions. After answering all their question, they thank me and said they would be back in contact waiting on few more estimates. So now it's been over three weeks, and I do my follow up calls on outstanding estimates (customer service). {I know of three other companies that looked at this job, only 1 submitted a bid which was a little higher than mine. } After introducing myself, the home owners inform me that the tree will need to wait till next year it's not in the budget. I thank them for the opportunity to bid on the tree, but again stress the importance of removing this hazardous tree and what may happen when it falls. Home owner agrees but says they just can't swing the cost and feels it won't fall anytime soon.

This tree is eating at me. All indications are there for this tree to come down and cause serious damage if not kill someone. Do I contact the local borough authority? What's my liability if it does fall? I've never been put in this situation before and need to know where to turn. I talked to the other company and they feel the same way.

 

[Ekka]

You ARE NOT liable for anything.

You've done all you can and recommending removal with a written bid is already going a lot further than what the original inquiry wanted.

The sad fact of reality is that if it falls and damages property the insurance co's should pick up the bill, if it falls and hurts somebody it will be deemed an act of God unless negligence can be proved ... and in this case it can as the customer was advised. This would be a messy one.

Ultimately landowners are responsible for their vegetation, in most failures they plead ignorance ... yes the system is poor.

After a bad storm here 3 years ago a huge triple leadered (trifarcated trunk)Tallowood busted out one of it's leaders, it fell across 3 yards and we went to quote the insurance job. Whilst on site one of the scared neighbors got the local council arborist out, we had a chat.

The tree was extremely hazardous, huge cavity, included bark, big termites nest etc, the officer condemned the tree and put a 30 day order for removal on it, I quoted $3000. That tree believe it or not is still there today, it made the papers as the landowner didn't remove it and council didn't know how to enforce it's order. They were thinking about doing the removal and billing it to the landowners rates ... but that got shot down big time and trespass issues arose. Then they thought of fining the landowner, that made the paper that if the landowner cant afford the takedown how's the fine going to assist? Just takes more money off the customer increasing the cost.

You have done what you can, walk away. This fight is not yours.