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