Risk Evaluation

 

If you have a tree that poses "unreasonable risk of harm to a public highway," you

may be liable for any harm that the tree may cause if it falls.  You are also responsible for providing a "routine inspection to be sure that the premises do not endanger those

using the highway" according to the Indiana Supreme Court's 1991 ruling.

 

Given the current trend toward litigation, it is Vine & Branch's opinion that taking

chances with the law is risky.  The question is: can you perform the routine inspection that the law requires? 

 

Do you understand tree biology and decay characteristics well enough to recognize an "un-reasonable risk?"  Vine & Branch has Certified Arborists on staff capable of inspecting any part of your property to find trees that may present a risk to the general public.

 

Be Safe, Not Sorry
The 1991 case pertains to trees endangering the highway.  What about trees posing similar problems, but not involving the highway?  What about trees that present "risk of harm" to:

• Neighbors' homes

• Public parks

• Schools, playgrounds

• Sidewalks

• Parking lots

Also consider trees on golf courses, trees near clubhouses or pools, and trees by athletic fields. 

Some say by playing on the course or field "they play at their own risk," but will the courts agree? 

Time and again trespassers have sued for injury and won.  In most cases the cost of litigation is

greater that the cost of curing the problem.

 

It is definitely not worth the risk to leave dead trees endangering you or your neighbors.  Nature tells

us a dead tree will fall.  Live trees also should be inspected for any weaknesses that would cause

them to present a "risk of harm."  Furthermore, it would be worth investigating lightning protection for mature trees in highly populated areas of your property.  Vine & Branch can help you apply for federal grants to help fund the process.  We can also help you manage your trees.  Let Vine & Branch quote the removal of your dead trees, inspect your live trees and quote lightning protection for your property today.