Homeowners have a general “duty of care” to visitors (including trespassers) under the Owner’s and Occupiers Liability Act. If a tree falls and causes damage to people or property the owner will be liable if it can be proven that he/she has been negligent. Trees should be managed to reduce any risk they pose to a reasonable level. Tree owners must be able to show that regular tree inspections have taken place, especially on trees by roadsides. This would involve employing a competent tree specialist to periodically inspect the tree and provide a report on its condition, and in between these periods, the tree owner would be expected to check the tree on a regular basis for any externally visible signs of weakness. This duty of care was further clarified in the judgement in Poll v Viscount Asquith of Morley, 2006 where a lack of appropriate inspection of roadside trees by a competent specialist was deemed to be negligence on behalf of the tree owner. |
Trees add to our enjoyment of outdoor experiences whether in forests, parks, or urban landscapes. Too often, we are unaware of the risks associated with defective trees, which can cause personal injury and property damage. Interest in hazard tree management has increased in recent years due to safety and liability concerns resulting from preventable accidents. Recognizing hazardous trees and taking proper corrective actions can protect property and save lives. A "hazard tree" is a tree with structural defects likely to cause failure of all or part of the tree, which could strike a "target." A target can be a vehicle, building, or a place where people gather such as a park bench, picnic table, street, or backyard. Connick Tree Consultants are expert in recognizing hazardous defects in trees and to suggest possible corrective actions. We recommend that only professional arborists undertake corrective actions. Because of the natural variability of trees, the severity of their defects, and the different sites upon which they grow, evaluating trees for hazardous defects can be a complex process. |
Inspecting Trees Inspect trees under your responsibility every year. Tree inspections can be done at any time of year, leaf-on or leaf-off. To be thorough, inspect trees after leaf drop in fall, after leaf-out in spring, and routinely after severe storms. We are pleased to offer you professional services to assist you with tree risk management. Our services will discharge your liabilities in relation to trees in a cost-effective way and provide you with appropriate management advice. |
