Possible tree lawsuit

NickfromWI

King of Splices
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Snowless California
I couple is looking to buy a house. The house has 2 bluegum eucs (E. globulus) on the south side, about 60-80' tall, only spreading about 20' each, both with over very little deadwood, one with codom stems starting about 20' up. Overall, trees look good, show no signs of decay at the bottom. They call me up to come let them know if I'd live in that house with those trees there. They love the trees and if the trees can't stay, they won't buy.

I go, and for a fee, tell them I really like the trees, etc, then wish them luck in the purchase (house is going up for auction).

Today I get this email from the lady:

The neighbors across the street from the house we're trying to buy in Hollywood are now threatening a lawsuit. They are claiming that the two eucalyptus trees are old and sick and ready to fall -- on their property. Are lawsuits like this common? They sound really irrational, but I'm trying to plan a strategy that might satisfy these people before we buy. If you have any thoughts on this, please let me know.

Thanks for all your help.


:what:

To be fair, this is a house up in the hills where the roads are super tiny (only one car can go by at a time) the houses aren't huge and are close together and the roads are steep. The trees do have a very commanding presence.

So I want to be cautious in how I reply and how I proceed. I'm thinking something like, "The trees are fine, the burden is on THEM to show they are damaging their property or have high potential to do so. Don't worry about it, but be ready for your plan. They are YOUR trees (if they buy)."

Any thoughts on the situation?

love
nick
 
no comment unless thorough investigation is undertaken Nick. You as a tree care worker with experience and capable knowledge would be held to higher regard than a layman, do not comment off the cuff, EVER, when it is in regard to hazard or tree health. You can be held accountable.

If the client wants a statement of fact, investigate the trees and their situation, prepare a report and submit it, if you arent a consulting arbo or report writing arbo, refer them to one and tell them that your comments were off the cuff and that since no investigation was undertaken other than a visual tree assessment, your comment and opinion should not be held legally.
 
"While one cannot say without a doubt that a tree will not fail in the near future, I see no defects, signs of decay or other factors that would indicate the trees in question are an immanent threat." Or something like that.
 
Innocent until proven guilty. The idiots suffering from arborphobia should have to prove an imminent and immediate danger. Something more substantial than "That tree will destroy our home if it falls".
 
  • Thread Starter Thread Starter
  • #6
"While one cannot say without a doubt that a tree will not fail in the near future, I see no defects, signs of decay or other factors that would indicate the trees in question are an immanent threat." Or something like that.

This was the approach I took.

I am also going to recommend she get her lawyer ready, just in case.

And yes- treading carefully is important.

love
nick
 
I hate this crap, Threatening lawsuits. Hell my neighbors could blow the whole area off the map, should I threaten them with a lawsuit.

Why all of a sudden did these trees become a hazard? Does the current owner have a back history with those folks?

I would Play the thin ice game. Don't put yourself in a postion to get involved in the lawsuit, unless you have all your ducks in a row.
 
People are just too law suit happy. They sound like the kind of people that if a fire came through and caught those trees on fire and then the leaves got on their (probably shake) roof, they would sue the neighbor. :what::roll::P
 
nick i used to do a lot of so cal work and dealt with this crap a lot, if you arent an arb dont do it,
it is a fine art to c.y.a. and write an effective report that you are ready to defend in a deposition or court room, if you are an arb you know that already
susan sims is down that way and is wonderfull or ed black or lee eller, the list is endless
good luck and remember the phrase
scope of work, visually assess... specify if root crown was excavated or not, if further scientific tools were used,
or use the tree hazzard data eval sheet, that the isa has,
cya man cya, thats why i have lots of ins...so i can do those sort of things, if your wrong you may end up in court, no fun
good luck
 
. You as a tree care worker with experience and capable knowledge would be held to higher regard than a layman, do not comment off the cuff, EVER, when it is in regard to hazard or tree health. You can be held accountable.

If the client wants a statement of fact, investigate the trees and their situation, prepare a report and submit it, if you arent a consulting arbo or report writing arbo, refer them to one and tell them that your comments were off the cuff and that since no investigation was undertaken other than a visual tree assessment, your comment and opinion should not be held legally.

Paul, good advise. Any tree can fail and will fail at some point.
 
I can't comment on the trees, but I will say that I sure wouldn't purposely move into a home with a crazy, 'sue happy' neighbor less than 80 feet from me. That's the kind of thing you usually learn about after the fact and wish you hadn't.

Good luck, Nick. Be careful.
 
Take Paul's advice. Don't say a word unless you are hired to write a report and detail all of your findings; document and take pictures to have on file just in case.

I wouldn't say a word unless you were specifically hired to investigate further.

jp:D
 
totally.

my answer is direct to the question, IE "do you know what time it is?"
yup.
"can you tell me what time it is?"
Sure, 0930.
 
It seems wierd to me that these people who live across the street have already sent a letter to a particular prospective buyer stating their intent to sue. Unless the neighbors sent an identical letter to every prospective buyer, I would be getting out fast Nick.
 
It seems wierd to me that these people who live across the street have already sent a letter to a particular prospective buyer stating their intent to sue. Unless the neighbors sent an identical letter to every prospective buyer, I would be getting out fast Nick.

The whole thing seems a little off kilter to me...like Bounce suggests, I think I might just skeedaddle on that scene altogether.
 
It's bad enough when a husband and wife diagree about the tree when I'm making a sales call .... It'd be a THOUSAND times worse if abutting landowners were in disagreement and headed for court ! Obviously one or both parties could name you in the suit , that would suck ...
 
Nick, I don't understand your first visit's purpose, or result. If you got paid for an opinion, it should be documented, written, and defensible.

Get your client to get you back on site, preferably with someone more experienced in risk assessment and reporting.
 
Nick, I don't understand your first visit's purpose, or result. If you got paid for an opinion, it should be documented, written, and defensible.

Get your client to get you back on site, preferably with someone more experienced in risk assessment and reporting.

Cool avatar Guy, is that a vine topiary? Where is it?
 
Nick, ALL trees are inherently unsafe.


An arborist should always, always, first and foremost, be objective.
 
Nick, ALL trees are inherently unsafe.


An arborist should always, always, first and foremost, be objective.


Yep, it's about risk and how much the owner can tolerate. All trees with targets are a risk.

So... they paid you just to tell them you like the trees? ....Sweeeeet! I want somma that action! ;)
 
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