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Liability Risks of Hazard Trees: What Commercial Property Owners Need to Know

Aaron Hallett • August 25, 2023

Proactive Assessments and Mitigation Are Key

For companies and organizations that own large properties, the trees on your land represent major assets that enhance aesthetics, provide environmental benefits, and boost your property value. However, without proper care and management, trees can also become serious legal liabilities.


Hazardous Conditions Lead to Big Risks


Trees that are dead, diseased, decaying, or have structural defects present falling and injury risks, especially during severe weather events. Limb or full tree failures can damage buildings, vehicles, landscaping, and other valuable property. Falling debris can also cause serious injury or death to people on your premises.


As a property owner, you have a legal duty to proactively identify trees in hazardous condition and mitigate risks. If unsafe trees are left unaddressed and they cause property damage or injuries, you may be found negligent and held accountable. This can mean substantial lawsuit judgements against your company. Even if no one is hurt, property damage from tree failures can still lead to expensive claims, repairs, and replacements.


Minimizing Liability Through Tree Assessments


To limit liability, commercial property owners need to take reasonable steps to evaluate tree hazards and correct issues. A qualified arborist should perform thorough tree assessments at least every couple of years, more often for high-traffic areas. Assessments can identify problems like:


Decay and cavities

Weak branch unions

Root damage

Cracks and splits

Dead wood

Arborists can rate each tree and advise on mitigation, whether that involves pruning, bracing, or removal and replacement. These professional recommendations should be implemented in a timely manner.


Documenting due diligence is equally crucial. Keep detailed records of all tree assessments, recommended actions, and work performed. Documenting proactive management demonstrates you take tree risks seriously.


Reduce Legal and Safety Risks


While nothing can eliminate risks completely, prudent tree assessments and maintenance show you made good faith efforts to protect people on your property. This can reduce injury claims and provide favorable evidence in any legal proceedings. When it comes to tree liability, being proactive is far wiser than waiting for a problem to occur.


Contact us today to schedule a tree risk assessment.


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