Trees: Trees (VIDEO)

Hi, my name is John Lawless, staff attorney with Bay Area Legal Services’ Disaster Relief Team and the Florida Disaster Legal Aid Helpline. I’m here with my colleague Jason to discuss some simple steps anyone can take to avoid common issues while recovering from disaster.

Today, we’re here to talk about: Trees.

Trees. What are trees? Where do they come from, and who’s fault is it when they do?

There is intense debate in the legal community about the answers to these questions and more. We may never know the answers.

But what do we know about trees? What happens when they are? For some help answering these questions, let’s check in with our master arborist, Jason.

Thanks, Jason. Now, let’s see what kinds of tree facts Jason can show us.

There’s a fact.

And another.

And another.

Wow. Look at all these facts.

Now that we’ve had a chance to learn a little bit about trees, can you tell what fact these trees all have in common?

That’s right. These are all healthy trees. So what happens when a healthy tree does damage to someone’s property? Let’s take another look.

Here’s another healthy tree. Now, we will simulate a natural disaster and examine the results.

Did you see that? Let’s take a closer look.

Can you tell what’s missing? That’s right. Liability.

Casual tree observers often miss this subtle detail when examining tree behavior, but it is important all the same. When a healthy tree falls, due to a disaster, there is no liability. It doesn’t matter where the tree fell from. If it was healthy, it won’t create liability. Anything damaged by the tree, like a home or a car, will be the responsibility of the owner of the damaged thing. Even if the tree fell from someone else’s property. If the owner of the damaged property has insurance, that insurance might be able to help. To know for sure though, it will be important to read and understand the insurance policy to find out.

Now, let’s take a look at another tree.

Can you spot the difference? That’s right. This tree is standing. Let’s simulate another disaster, and watch what happens.

Something is different. Can you spot it?

Right there. Can you see it?

It’s dead. But what’s that?

Right. It’s liability. But how did it get there?

When a tree dies, or is otherwise poorly maintained, it begins to release special spores into the property where it lies. If those spores come into contact with notice, liability will form. Then, if the tree falls, the owner of the property from which the tree fell can be liable for the damage the tree causes.

Now, you may be wondering: how does notice get onto the property where the dead or poorly maintained tree lies? That’s a great question. There are many ways that naturally occurring notice can enter a property. If you want to be sure that notice gets to the property owner though, the best way to do it is to send the notice yourself. If you send written notice to the property owner that there is a dead or poorly maintained tree on their property, and do so by certified mail to ensure there is proof, then you can be sure the necessary notice is present to create liability.

This will only work if there is in fact a dead or poorly maintained tree on the property though. A healthy tree cannot produce the conditions necessary to create liability this way.

As you can see, trees are a “branching” subject, and trying to “fig”ure them out can sometimes “leaf” even the most “ash”stute observer completely “stumped”. If “yew” find yourself “lumbering” through these questions, “pining” for answers, please don’t hesitate to “bark” at your local legal aid organization to help you get to the “root” of your issue.

We appreciate you taking the time to listen. For more information on what to do in the wake of a disaster, please visit the following resources.