Avoid lawsuits from Tree Failures on Commercial Properties

First Aid for your Trees 941-677-2679

Lawsuits are on the rise in our society. It's a fact. Many of them are frivolous, many of them are truly justified. Either way, they take time, resources and money to defend - even if you win! Certain types of insurance may help to lessen your exposure to risk. But if it comes down to negligence, your insurance company may turn their back on you very quickly. That is why risk assessments and regular maintenance are so important to avoiding risk on commercial properties.

The trees on your property can pose very serious risks. From small branches to entire trees uprooting and falling over, the potential for failure is always present. Storm damage used to be considered an "Act of God", but today an increasing number of insurance companies, as well as lawyers and judges, are taking a closer look at these scenarios to find that an "Act of Negligence" is the primary reason for tree-related injuries and damages on commercial properties. Sound, healthy trees usually do not fail in storms. It's the trees that have defects that seem to fail with little or no storm assistance!

This tree was cracked before the storm

Decay was present at the point of attachment

The law is quite clear on the subject of Tree Hazard Responsibility. Simply stated, it says:

1. The property owner/manager has the obligation to periodically inspect their trees for unsafe conditions.






2. The property owner/manager must correct unsafe conditions as soon as they are discovered.

As you can imagine, there's a lot more to what the law has to say on the subject. However, with just these two points in mind, that is a tremendous amount of responsibility placed on the owner/manager of a commercial property! Especially considering that very few of them are trained to identify any of a multitude of defects found in trees! Much less understand to what degree a certain defect may pose a threat or how to correct it!

Decay in the roots caused the trunk to rot

In a recent case against the City of Savannah, the city may be found to be negligent due to the fact that the section of the tree that broke out and injured someone, is actually thought to have been defective AND correctable before the storm arrived. At first, the storm was to blame for the failure. The lawsuit may cost the City of Savannah $12,000,000. (In some cases, insurance companies are refusing to pay settlement costs).


This lawsuit was avoidable. Many of them are. Foresight and maintenance are required to manage risk. Taking action to manage risk may even be rewarded with reduced insurance rates (check with your agent?). If nothing else, you will be aware of your risk and your exposure to it may be lessened. Here are some steps that can be taken that will reduce your risk and your exposure to risk:

1. Hire a Certified Arborist that is trained and qualified to evaluate and report Tree Risk Assessments
2. Have them evaluate your trees and submit a report of their findings/recommendations
3. Follow their recommendations
4. Enjoy your freedom!

Tree Medics provides thorough Tree Risk Assessments and evaluations of your trees and assigns each tree a rating based on it's risk for failure (1-15 scale). Our industry-standard rating system is used to develop a maintenance program to manage and reduce risk on your property. By following the recommendations of our Tree Risk Management report, you will be able to reduce &/or eliminate your exposure to lawsuits or other legal issues that may arise from personal injuries and property damages related to tree failure.

To schedule your Tree Risk Assessment with Tree Medics' Certified Arborist:

click here to contact us, or call 941-677-2679

For more information, please visit our website: www.treemedicsfl.com

First Aid for your Trees 941-677-2679

Would you like to save money on your commercial landscape over the long term?

Would you like to save money on your landscape over the long-term? Begin by properly caring for your trees in the early stages.
Like a new pet, new trees require special care during their first years - from planting through adolescence. Often, an early "Tree Care Maintenance Plan" will cost less, result in a more beautiful landscape, provide countless benefits and reduce costly risk hazards in the future.
Proper planting will help reduce many of the problems that Commercial Property Owners/Managers face in:

• Tree loss/replacement costs 
• Costs of attempting to correct pest, disease issues
• Poor root health, the leading cause of tree disorders 

The roots cannot be visually inspected and therefore, problems cannot be detected and/or corrected. A Certified Arborist may be able to detect some root issues, however, they are not able to see everything without excavating the root zone. We have the proper equipment to insure that excavation of smaller trees is relatively inexpensive and very effective. 


Among the many issues found during the excavation of a declining tree's root zone are: Girdling roots that choke-out the tree's main trunk or other roots, broken/severed roots damaged during installation or construction (utilities) or other mechanical damage as well as fungus and other diseases.

If the first tree at top is planted "as is", it will probably end up like the following 2 pictures. Wouldn't you want to avoid this type of issue?

Trees cannot be planted with girdling roots

This may have been avoided….

This tree “seemed” healthy in the top

When a tree is properly pruned for structural integrity, it grows upright much more quickly than just "limbing up" (which causes foliage to grow like a shrub). It will be much stronger and able to resist wind/storms without breakage. Proper structure pruning is performed occasionally over a period of  several years (usually 5-10). The amount of work is generally minimal, so the cost of having this done is very low. Pruning only 3-5 times over a period of 10 years is usually sufficient to create a strong, healthy, "finished" tree structure.Tree Medics has long-term plans available to fit your budget as well as short-term plans to help save existing trees.

Proper structure  pruning will help reduce:

• The possibility of branch failure
• Pest/disease  issues
• Improve clearance over drives/walkways
• Enhance visibility for signage/frontage.  

Again, like a new pet, trees are subject to many life-threatening issues that can easily go undetected and result in added costs, for example:

• Loss of the tree
• Replacement
• Contribute to an unsightly landscape
• Damage to property

Most cities have tree ordinances in place to regulate the care of trees and ensure they are being properly maintained. In addition, enforcement of tree ordinances may result in fines and penalties for disregarding your trees health.

Establishing a Tree Care Management Plan with Tree Medics will help to ensure that recurring, problematic and expensive  tree costs are minimized or avoided.

Consider the long-term picture of your landscape(s):

• Your property will have mature trees that are healthy and happy for many years to come
• Trees that will require very low maintenance and you will have very few, if any, problems
• Larger, well-structured trees have stronger branching, much wider shade canopy, lower potential for pests/diseases and will display your landscape as one of the premier properties around.

For more information please visit the following links:

Young Tree Root Care  AND: Proper Structure Pruning