Joyce Kilmer wrote, "I think that I shall never see a poem as lovely as a tree."

I love so many aspects of surveying. One branch that I never enjoy, however, involves trees. Specifically, when a law firm contacts me to perform a survey and create a map of an accident scene where a tree fall has caused a death. In my career, I have had this unfortunate assignment six times too many.

These requested maps are used in court as evidence to help determine who is responsible for a tree. Sometimes, the tree is located within a PennDOT right-of-way, and the state is liable. Many times, it is the property owner who is liable and the recipient of a costly lawsuit.

To complete this type of survey, I’ve had the opportunity to work alongside John Hosbach, Jr., certified urban forester and consulting arborist for Rockwell Associates, Urban Forestry, Natural Resource & Landscape Consultants. John offered the following information for me to share:

“Trees are a valuable part of any residential landscape, offering beauty, shade and environmental benefits. However, they can also pose significant risks if not properly maintained. As a homeowner, you have a legal and ethical responsibility, known as a standard of care, to manage these risks and ensure the safety of your property and those around it.”

Understanding the Standard of Care:

The "standard of care" here refers to the level of attention, caution and prudence that a reasonable person would exercise. This means homeowners must take reasonable steps to inspect, maintain and if necessary, remove trees that could pose a danger to people or property.

Failing to meet this standard can result in liability for damages if a tree or limb falls and causes injury or property damage.

Common Tree-Related Risks & Hazards Homeowners Should Be Aware of:

• Dead or dying trees: These are structurally weak and more likely to fall.
• Overhanging branches: Especially those near roofs, power lines or neighboring properties.
• Root damage: Can affect foundations, sidewalks and underground utilities.
• Pest infestations or disease: These can weaken a tree's structure over time.

Best Practices for Risk Management

To meet the standard of care, homeowners should:

Conduct Regular Inspections: Walk your property at least twice a year and after major storms. Look for signs of decay, cracks, leaning trunks or exposed roots.

Hire Certified Arborists: Professional arborists can identify risks that may not be visible to the untrained eye. They can also provide documentation of inspections and maintenance, which can be helpful in legal situations.

Prune and Maintain Trees: Regular pruning helps maintain tree health and reduces the risk of falling limbs. Remove dead or diseased branches promptly.

Remove Hazardous Trees: If a tree poses a clear danger and cannot be saved, removal is often the safest option. Always consult a professional before acting.

Document Your Efforts: Keep records of inspections, maintenance and communications with arborists. This can demonstrate that you acted responsibly if an incident occurs.

Legal Considerations - Laws vary by jurisdiction, but in general:

Negligence: If a homeowner knew or should have known about a hazardous tree and did nothing, they may be found negligent.

Encroachment: Trees that extend into neighboring properties can lead to disputes or liability if damage occurs.

Acts of God: In some cases, natural events like hurricanes may absolve homeowners of liability—unless the tree was already known to be hazardous.

Managing tree-related risks is not just about protecting your property; it's about ensuring the safety of your family, neighbors and community. By understanding and fulfilling your standard of care, you can enjoy the benefits of your trees while minimizing potential liabilities.

If you have a concern regarding trees in the vicinity of your property, contact us at Howell Surveying. We can determine whose property a tree is on and make recommendations for avoiding a tragic situation.