Trees frequently evoke images of peace and tranquility. This image is shattered when death or serious injury results from falling trees and branches. This article will discuss the duty of a landowner or other responsible entity if a tree or large branch crashes down and causes injury or death.
The courts have established that in order to impose liability, there must be actual or constructive notice of the alleged dangerous or defective condition of the tree.1 Constructive notice may be imputed if the evidence establishes that a reasonable inspection would have revealed a manifestation of a hazardous condition.2 These cases are very fact sensitive and demand careful investigation from their inception. The preservation of vital evidence and the early retention of appropriate experts to identify the issues and analyze the evidence are essential. The expert should be able to establish the visible manifestations of the problems with the tree which caused its decline. He or she must be able to testify as to the length of time that manifestations of a problem would have been observable had a proper inspection been conducted.
Duty and Notice
