Garden Talk Blog Super Search Engine

Loading

Don’t be negligent, care for your trees

If you own a home on a lot with mature trees, like many of us do, you should take time to look at your trees and determine whether or not they can be a threat to you or others. To limit your liability, you need to be sure that your trees are healthy and structurally sound, and you must, under the law, manage them so they will not cause damage to the public.

What we are talking about is the concept of “negligence,” defined as “The failure to do what a reasonable person should do to prevent harm,” and/or “Doing something a reasonable person should not do to cause harm.”

Liability, caused by trees, depends on whether the accident is considered an “act of God,” or it is an “act of negligence” on the part of the property owner. To avoid the charge of negligence when a tree fails and causes property damage, personal injury, or death, the law looks to see if the owner was a reasonable person, who acted with reasonable care. If he or she knew that a tree on his or her property had visual signs of decay or physical defect, and failed to act, they may be considered negligent. If the tree owner damaged the tree, by creating a trench for an irrigation line through the root zone, that too could be considered negligence.

So what do you do to avoid the charge of negligence? First, inspect your trees for defect. If you notice something that looks suspicious, call in a tree expert to inspect the tree(s) and document the issue. If you are concerned that some site activity may cause structural problems for your tree(s) check with a qualified arborist. Then, if you then follow the expert’s recommendations, you may avoid being charged with negligence. The only duty the landowner has is to act reasonably.

In other words, if the problem with the tree was not one an average person (layman) could understand, then it may be determined that the tree failure was an act of God. However if the owner had ignored warning signs like rot, falling branches, and loss of crown (the branches and leaves above the trunk), then the owner can be charged with negligence. Now, due to recent court rulings, even though trees seem healthy, if they fall onto the public right of way, the owner may be held responsible for any damage or injury.

So what do you do to protect yourself?

1. Have a documented inspection by a qualified arborist or urban forester to check for any structural problems.

2. Remove risky trees or limbs.

3. Have a qualified expert prune to remove diseased, dying or dead limbs, or other threats. Improper pruning can damage trees and create long term decline and structural problems. This can lead to liability exposure.

4. Remove limbs that obstruct drivers’ or pedestrians’ views. Again, be sure the work is performed correctly.

5. Avoid construction damage to roots by driving over them. Even two or three trips with a car or truck over tree roots can smash the soil and crush roots, causing root loss, tree decline, and even eventual death if the compacted area is significant.

6. Avoid cutting roots for irrigation lines or other underground utilities.

7. Do not pile soil or put pavement over root zones. This prevents the roots from getting air and oxygen.

If you cannot work out a solution on you own to keep your trees safe and healthy, the best thing is to call an arborist who is certified by the International Society of Arboriculture (ISA). To become certified, they must pass a test and do continuing education which keeps them up to date on proper tree management. To find an ISA Certified Arborist, just go to ISA’s web page and you can search for an arborist in your area www.isa-arbor.com. Also, you should check with your insurance company to see what coverages you have, or might need in case an incident occurs.

Remember, not only do properly maintained healthy trees add value and enjoyment to your life and benefit the entire community, they may also keep you out of the lawyers’ food chain.

Sam Hand, Jr. is a member of the Florida A&M extension faculty. Stan Rosenthal is extension agent emeritus with Big Bend Forestry, University of Florida.

Source

http://www.apalachtimes.com/news/20170420/dont-be-negligent-care-fo...

If a tree is green and healthy is not an indicator that the tree is structural sound. While a sick looking trees have conditions that can be improved by proper scientific diagnosis.

We can provide Risk and Health Assessments on trees and landscape plants. Unlike most Consulting Arborist, we have three climbing consultants who can climb trees to complete aerial assessments. We use state-of-the-art evaluation tools, including the Resistograph Drill, to assess trees. Our approach is intended to save valuable trees and identify those that are of concern for potential risk.

Additionally, we use drones to inspect trees and can provide photos of tree defects and better information of why a tree is doing what it is.

We provide detailed custom management plans for each evaluated tree, with instructions for pruning or removal to reduce risk, diagnosis and treatment recommendations to improve health, and general tree care instructions. Our ISA Certified Tree Risk Assessors use the current Tree Risk Assessment method and are qualified to file applications for removal permits with municipalities. We specialize in structural assessment and decay diagnostics with the Resistograph drill, a tool that gives us information on the interior condition of the tree.

http://webberlandscaping.com/tree-health-risk-assessment.html

Views: 63

Comment

You need to be a member of Mark Webber's Garden Talk Blog to add comments!

Join Mark Webber's Garden Talk Blog

Members

Best Choice in Roofing and Siding Repairs!

Southwest Ohio's Best Choice

Birthdays

Landscape Design Kit

Do you need a professional landscape design in your yard? 

Click below

landscapedesignkit%20%281%29.pdf to down load your landscape design kit!

 

Mark Webber can help you Stop EAB NOW......call 937.835.3381 or email him at mwebber@webberlandscaping.com

Adult Beetle

"D" Shaped Exit Holes

Mark Webber's Landscaping Company Team can save your ASH!


Higher Standard of Landscape can be found at

Click for the BBB Business Review of this Landscape Contractors in Dayton OH

DON'T GUESS SOIL TEST

Do you know how much to fertilize your lawn and landscaping?   Expert soil testing and evaluation services at 937.835.3381 or connect "live chat" 

Forum

What Plant AM I?

Started by Mark Webber in Sample Title May 20. 0 Replies

What Plant AM ?

Started by Mark Webber in Sample Title Apr 29. 0 Replies

Plant Identification

Started by Chris Hildreth in Sample Title Apr 25. 0 Replies

What Plant AM I?

Started by Mark Webber in Sample Title Apr 15. 0 Replies

What Plant AM I?

Started by Mark Webber in Sample Title Apr 1. 0 Replies

What Plant AM I for March 18th of 2017

Started by Mark Webber in Sample Title. Last reply by Joe Camlin Mar 19. 1 Reply

Great Gardens Begin With Great Planning!

 



Call us for yours today  937.835.3381

About

Mark Webber created this Ning Network.

© 2017   Created by Mark Webber.   Powered by

Badges  |  Report an Issue  |  Terms of Service

Offline

Live Video