Who is Responsible for a Fallen Tree?

Who is Responsible for a Fallen Tree?

How do you know if you are legally responsible for a fallen tree? Please read our article to find out.

Introduction

Depending on the circumstances, there are a few different people who may be responsible for a fallen tree. Landowners, contractors, or homeowners may all be culpable in some cases.

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Scott WinnScott Winn
11:11 19 Feb 22
Andrew and his team showed up 2 hours after the tree hit the house. They carefully and safely were able to remove the tree with no further damage. The insurance company covered his costs. We could not be happier with the turn around time, professionalism and the quality of equipment and skill used to execute the job! Unfortunate circumstances thrown at us from mother nature but great results! Thank you again Andrew!!
Barry GoldbergBarry Goldberg
19:24 27 Jan 22
Very professional, courteous and careful staff. Experience operating various equipment for several hard to reach scenarios. Safely done and left the property clean.
Dawn BensonDawn Benson
13:34 16 Jan 22
We had a large tree fall on our house causing significant storm damage and needed it removed in an emergency situation. We called Trout Brook Arborist & Landscaping. They responded quickly and were at our home within hours. Their quick response prevented further damage to our home.These guys were great!!! Andrew and his crew were professional and highly skilled tree removal specialists. Their “state of state art” equipment allowed them to precisely and safely complete the job and secure our home. They also shielded our home and roof with materials to protect it from any water damage. We highly recommended this professional tree removal company. They made an emergency situation less stressful and much easier to manage. We can’t thank them enough!
Bruce TuthillBruce Tuthill
03:00 04 Dec 21
Andrew and his crew are great to work with. They showed up when they said they would, were very courteous and went over all work to be done before proceeding. Two large trees needed pruning and the crew worked meticulously selecting the branches to be cut. They were considerate of the neighbors and cleaned up all debris before leaving. They did great work at a reasonable price. I highly recommend them as arborists.
Fung LeeFung Lee
22:45 14 Oct 21
Andrew responded my request promptly. His knowledge about the 'trees' is phenomenal! They have ALL the right equipments and have the job down very professionally ! Removed 3 big and tall tress in one day! We are very happy with the results! He charged very reasonable price too!
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Who is Responsible for a Fallen Tree?

If you live in an area where trees fall, many people are responsible for caring for the fallen tree.

Depending on the location, local authorities may be responsible for clearing away the tree and removing any hazards it may pose to pedestrians or motorists. 

Tree surgeons may also be called to remove dead or diseased trees from a given area. Homeowners who live near a Fallen Tree should take note of these guidelines to help ensure that they are aware of their responsibilities and work together with others to keep their community safe:

1) Clean Up After Yourself

If you live near a fallen tree, clean up any debris created as a result. This includes picking up branches and leaves and cleaning out any holes in nearby property by the falling tree.

2) Report Fallen Trees

If you notice a fallen tree on your property or in your neighborhood, please do not hesitate to report it. Reporting fallen trees early allow community members to work together to prevent potential injuries or damage.

3) Stay Away From Falling Branches

If you must walk through areas with Fallen Trees, avoid any falling branches. Not only will this help keep you safe, but it will also help prevent damage to your property or injury to yourself.

Responsible for a Fallen Tree
Responsible for a Fallen Tree

What are the Different Types of Liability when it Comes to Fallen Trees?

If a tree falls on your property, you may be able to sue the tree’s owner or the city. The government is typically responsible if the tree falls on public lands, such as a park. The property owner may be liable if the tree falls on private ground. The following are five types of liability when it comes to fallen trees:

1. Owner Liability:

If an owner of a Fallen Tree negligently causes or allows their tree to fall, they may be liable for damages. For example, if a homeowner cuts down a dangerous tree on their property and it falls and injures someone, they could be held responsible.

2. City Liability:

Cities can be held liable for Fallen Trees that fall on public property, like sidewalks or parks. This is because municipalities must maintain public areas in acceptable condition.

3. Private Landowner Liability:

If a Fallen Tree falls onto your private land and damages your property, you may be able to sue the landowner. This is because you are considered the “occupant” of your property (meaning you have exclusive use of it). Thus, if somebody else’s negligence causes damage to your property, the landowner could be held liable.

4. Worker’s Compensation Claim:

If somebody was working on or near a Fallen Tree when it fell, they might have a worker’s compensation claim against their employer if they are injured as a result of the Fallen Tree.

5. Public Nuisance Claim:

If a Fallen Tree is causing a significant public nuisance, the city may be able to sue the tree’s owner to get it removed. For example, a Fallen Tree blocking a roadway may trigger this lawsuit.

Responsible for a Fallen Tree
Responsible for a Fallen Tree

How can you Prove Who is at Fault for a Fallen Tree on Your Property?

You will need to gather evidence to prove who is at Fault for a fallen tree on your property. This could include photos of the tree before it fell, pictures of the scene after it, and any witnesses.

You may also need to contact the property owner or management company to ask who worked on their property during the fall.

What are the Damages that can Result from a Fallen Tree?

The damages that can result from a fallen tree depend on the size, weight, and age of the tree.

Generally, the more weight and size of the tree, the greater the damage. Fallen trees can cause extensive damage to property, including homes and cars.

Damaged cars can cause significant financial losses. Fallen trees can also block roads and impede traffic.

How do Fallen Trees Affect Property Owners?

Fallen trees can affect property owners in several ways. Fallen trees can block driveways, sidewalks, and other pathways, leading to dangerous accidents.

Fallen trees also create a mess on the property, which can be hard to clean up. 

Finally, fallen trees can damage electrical cables and other infrastructure, leading to costly repairs.

Responsible for a Fallen Tree
Responsible for a Fallen Tree

When Is it Time to Call a Tree Expert?

There are many things to consider when calling a tree expert. The most crucial factor is the health of the tree. If you notice any of the following symptoms, it is time to call a professional:

  • A dead or severely weakened tree
  • Split bark
  • Lack of leaves or branches
  • Rotting wood

What to Expect from a Tree Removal Service?

A tree removal service will typically arrive with a truck and several workers.

They will assess the situation and then decide on a course of action.

Depending on the size and location of the tree, they may use a chainsaw or other tool to remove it.

Conclusion

Many people are responsible for taking care of a fallen tree. Depending on the location, local authorities may be responsible for clearing away the tree and removing any hazards it may pose to pedestrians or motorists.

Tree surgeons may also be called to remove dead or diseased trees from a given area. Homeowners who live near a Fallen Tree should take note of these guidelines to help ensure that they are aware of their responsibilities and work together with others to keep their community safe.

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