Possible tree lawsuit

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"The trees are fine, the burden is on THEM to show they are damaging their property or have high potential to do so. Don't worry about it, but be ready for your plan. They are YOUR trees (if they buy)."

did you do an actual crown inspection?


You may want to think carefully about what exactly you say to a client. To tell them
the burden is on THEM to show they are damaging their property or have high potential to do so

That statement opens you to all kinds of liability. A lawyer would tear you to shreds.

Stick to your trade (arborist) and do not attempt to speak for the law unless you are trained to do so.

That euc drops a limb and by saying what you said, you would be named in a lawsuit. If a death happened, it would be a long time before you were able to do tree work again.
Mark my words.
 
I refuse to run my life worrying about some goober threatening me with a lawsuit if the wrong words come out of my mouth. You may have a point in a very tiny fraction of situations with the most anal retentive of clients, but I refuse to let the fear of idle threats rule how I think or work. I have nothing worth suing over anyway, so screw them. :birdman:

And if one casual word (such as 'may' instead of 'shall') in a verbal conversation is the basis for a lawsuit, then they can go screw themselves because they won't be able to prove anything.
 
+1

I've been to several of those "Trees and the Law" seminars over the years and it seems to me most of them are just thinly veiled marketing ploys for attorneys.
 
+1

I've been to several of those "Trees and the Law" seminars over the years and it seems to me most of them are just thinly veiled marketing ploys for attorneys.

I agree.

But it also depends on your area. Nick lives in on of the most litigious (sp?) areas of the country
 
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  • #30
You may want to think carefully about what exactly you say to a client. To tell them

Quote by Nick:...the burden is on THEM to show they are damaging their property or have high potential to do so...

That statement opens you to all kinds of liability. A lawyer would tear you to shreds.

I would gladly go to court on that statement. Consider the circumstance: Neighbor threatens to sue to have the tree removed. Imagine someone came into your yard and told you to cut one of your trees down.

Is it up to the neighbor's lawyer to decide who has to cut what tree down? Hell no!

We are arborists. We know about trees. If we left it to the neighbors and the lawyers, there'd be no trees left.

Frans- I have to disagree with another of your comments:
Nick, ALL trees are inherently unsafe.

I know this isn't only YOUR mindset. Many lawyers, tree guys, and regular people believe this. But it is both untrue and a horrible way to live. All trees have the potential to BE unsafe.

I could walk you down my street and show you 50 trees that are perfectly safe. There are some that we could have a good discussion about...but most ARE safe.

Guy- to answer your question, the client is looking to purchase a home with 2 eucs in the yard. A huge reason they like the home is because of the trees. Before purchasing, they wanted to know if I'd live there with the trees in my yard. They didn't know what to look for. I showed them what I look for, told them verbally (and in writing) that there's no way to guarantee the longevity or safety of the trees, we talked about codom stems, I explained that trees don't need to be pruned every 1 or 2 years (as often happens in LA)...few other basic stuff.

I'll keep you updated!

love
nick
 
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  • #31
For your reading pleasure, here is the text from the "report" I gave the client.
===========================================
Tree Inspection for name/address omitted
Nick Araya, ISA Certified Arborist # WE-7751A.

On the morning of February 16, 2009, I inspected two Eucalpytus globulus (blue gum eucalpytus) on the south side of the property on -the above named street-. Below are my observations and recommendations for the trees.

Observations for Eastern-most tree:
A)Diameter at Breast Height (DBH): 3'10”
B)Approximate height 50'
C)Average crown spread of 15'
D)No noticeable root decay from thorough soil probe
E)No heaving of brickwork surrounding root flare
F)90-95% live foliage in crown
G)Visual inspection of foliage shows damage from insects

Recommendations for Eastern-most tree:
1.The best way to control the sap sucking insects such as lerp is via a systemic application. This involves a liquid that is injected into the trunk of the tree or poured at the base of the tree. It is then absorbed up to the canopy, spreads throughout the tree and kills the insects.
2.Daily or weekly light waterings are not beneficial to the trees. Constantly wet roots are prone to decay. There is a soaker-hose surrounding the base of the tree. It should be removed.
3.The dead, dying, and broken branches should be removed with proper cuts in accordance with the ANSI A300 pruning standards. For an accurate description of how to properly remove a branch, see http://www.treesaregood.com/treecare/pruning_mature.aspx
4.The trees should never be topped or shortened.

Observations for Western-most tree:
A)Diameter at Breast Height (DBH): 4'
B)Approximate height 60'-70'
C)Average crown spread of 20-25''
D)No noticeable root decay from thorough soil probe
E)Even heaving of brickwork surrounding root flare
F)90-95% live foliage in crown
G)Visual inspection of foliage shows damage from insects
H)Codominant stems starting at 20' above ground level
I)South side of tree appears to be regularly pruned back by the utilities company

Recommendations for Western-most tree:
1.Application of sytemic insecticide. See #1 above
2.Dynamic cables should be installed to provide additional support for the codominant stems in the tree.
3.Any dead, dying, and broken branches should removed with proper cuts in accordance with the ANSI A300 pruning standards. To allow maximum air circulation this tree should be thinned every 5-10 years.
4.The trees should never be topped or shortened.


These two large trees are providing a great value to the property. Being on the south side of the property, they can greatly reduce cooling costs in the summer. Though I prefer to keep my reports as factual as possible, it is my opinion that these are beautiful trees and steps should be taken to ensure they can continue to be enjoyed.

This report and any values expressed herein represent the opinion of the assessor. Unless expressed otherwise, information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection. The inspection is limited to visual examination of accessible items without dissection, excavation, probing, climbing, or coring. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the plants or property in question may not arise in the future. Any tree can fall at any time for any reason, without warning.

Nickolas José Araya
ISA Certified Arborist
 
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  • #37
Thank you james. That is a discrepancy. One is talking about soil/roots, the other tree/trunk. I see that it is not clear when you read it.

I'll fix it for future reports.

love
nick
 
Why not shorten? Reduction cuts can be proper.

What about the heaved bricks?

Good job.
 
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