How liability for tree hazards is established in Santa Rosa

• At Santa Rosa commercial sites there is a duty to provide care for the trees.
• When inadequate care is provided there is a breach of duty.
• Liability occurs when this breach of duty causes damage to property or injury to people.
Negligence versus “An Act of God”
• When a tree failure occurs, liability is based on the duty of care of the property owner. Failure to act as a reasonably prudent person would may lead to a ruling of negligence in a court of law.
• If a property has had regular inspections by a Santa Rosa Certified Arborist and the trees have been maintained, the degree of liability is greatly reduced. Properties that have not had regular inspections or maintenance are likely to contribute to negligence on the part of the property owner in the event of damage or injury.
• Tree failures and risk cannot be completely eliminated. During storms or strong wind tree failures may be categorized as “An Act of God” limiting the liability of the property owner. Neighboring Properties and Tree Liability When a tree failure causes damage or injury at an adjacent property, liability may be based on negligence or may be considered “An Act of God” such as damage from a storm . For example, if your neighbor’s tree falls onto your building during a storm they may not be considered liable for damages if they have properly maintained their trees. For this reason it is important to provide “constructive notice” to neighbors when hazards are identified and documented.

Providing Constructive Notice of Santa Rosa Tree Hazards
• As part of the regular tree inspections of a facility it is important to inspect trees at adjacent properties.
• Trees which are located within falling distance or where branches overhang structures, parking areas, sidewalks should be assessed.
 • If hazards exist “constructive notice” should be provided to the adjacent property owner for two reasons. First, to bring the hazard to their attention so they may mitigate the hazard. Secondly, this notice provides documentation that establishes their liability if a failure occurs. A report should be prepared outlining the tree’s location and condition and mailed “return receipt requested” to ensure the delivery to the property owner or property manager.

Types of Santa Rosa Tree Hazards
There are several types of tree hazards that may affect commercial properties. Obvious hazards range from branch failures to whole tree failures. Other obscure hazards include roots lifting sidewalks to low branches over landscaped areas that may hit landscape maintenance crews.

TreePro Professional Tree Care provides expert consultation on how to keep your trees and your property safe and prepare for emergencies such as storms, with two certified arborists in the team. It also provides windsor tree removal, tree trimming, tree pruning and all other tree care services.