Identifying liability for tree claims can be complex. Over the last five years, RMSA received 63 tree-related claims totaling more than $150,000. About half of these claims showed that the member was at fault, therefore the claim was paid.
Some areas where claims have been paid out due to fault or negligence by the member may be preventable. Get some tips on how to prevent these incidents from occurring.
- Tree root and utility issues: Tree roots can damage underground utilities like water and sewer lines, causing backups or breaches, sometimes linked to improper installation or maintenance. Prevent these types of claims by following tree location guidance.
- Tree removal, maintenance, and other incidents: Some claims concern debris injuring people or property during tree work, disputes over removal decisions, collateral damage from felling trees, or legal issues related to tree management. Always take steps to ensure the public is safe before tree work occurs.
Keep property safe
Municipalities must keep public property safe and can be liable if they fail to address known or foreseeable hazardous trees. Liability depends on notice and response. Negligence may arise if a hazardous tree on public land is ignored, but municipalities are generally not liable when healthy trees fall unexpectedly during storms, as these are considered “Act of God” events. Municipalities generally aren't liable for trees on private property unless those trees threaten public areas, in which case they can require the owner to act after providing written notice.
Here are five easy risk management tips:
- Document inspections and maintenance of trees and work orders to show due diligence
- Respond promptly to complaints and treat reports from the public seriously
- Train public works crews to identify signs of tree risks and decay (Check out our tree risk assessment training next time we sponsor one!)
- Create a priority list for hazardous trees and actions based on risk and proximity to other people, structures or risky conditions
- Clarify responsibility so everyone understands which trees are city-owned versus private and develop clear protocols for each.
Be proactive!
Cities and towns aren't expected to eliminate all risks, but demonstrating a proactive, documented approach to tree management can go a long way in defending claims and protecting public resources.