Short Answer

An arborist can help determine the tree-related facts that may affect responsibility when a tree falls, but an arborist does not decide legal liability. The investigation may consider the tree’s condition before failure, visible or hidden defects, maintenance history, site conditions, previous damage, weather, construction activity, and whether warning signs of an increased risk were present. Those technical findings can then help attorneys, insurers, property owners, or other decision-makers evaluate responsibility under the applicable law.

What Does an Arborist Investigate After a Tree Falls?

A fallen tree does not automatically reveal why it failed or whether anyone could reasonably have anticipated the failure. A consulting arborist may examine the remaining tree, stump, roots, failed portions, surrounding property, photographs, records, and other available evidence to develop a clearer understanding of what happened.

Depending on the circumstances, an investigation may consider:

• The condition of the tree before it failed

• Structural defects or decay

• Root condition and root damage

• Previous pruning or other tree work

• Changes to soil or grade

• Construction activity near the tree

• Storm or weather conditions

• Signs of previous tree failure

• Maintenance and inspection history

• Whether potential warning signs were present before the incident

• The location of the tree and surrounding property

• The condition of the site after the failure

Every tree failure is different. The significance of any one factor depends on the particular tree, site, history, and circumstances surrounding the incident.

Does a Tree Falling on Someone Else's Property Automatically Make the Tree Owner Responsible?

No. The location where a tree lands does not by itself establish who is legally responsible.

A tree can fail for many reasons. Some failures occur even when there were few outward indications of a serious problem. In other situations, a tree may have had defects, damage, decline, or other conditions that were present before the failure.

An arborist's role is to evaluate the tree-related evidence and determine what can reasonably be concluded about the tree’s condition and failure. Legal responsibility depends on the law that applies to the particular situation and should be determined by the appropriate legal professionals.

Was the Tree Dangerous Before It Fell?

This can be one of the most important technical questions in a tree-failure dispute.

After a failure, it may be necessary to determine whether the tree had conditions that increased its likelihood of failure and whether those conditions could reasonably have been identified beforehand.

An arborist may consider factors such as tree structure, decay, cavities, dead or damaged limbs, root problems, previous failures, leaning, site changes, construction damage, and other characteristics that may be relevant to tree risk.

The fact that a defect existed does not automatically mean it was obvious, and the fact that a tree looked healthy does not necessarily mean that no significant condition was present.

A professional evaluation requires looking at the evidence rather than assuming that the appearance of the tree alone answers the question.

Does Bad Weather Automatically Explain Why a Tree Fell?

Not necessarily.

Wind, rain, saturated soil, lightning, ice, and severe storms can contribute to tree failure. However, weather may be only one part of the investigation.

An arborist may evaluate whether the weather was sufficient to cause failure in an otherwise sound tree or whether pre-existing structural, biological, root, or site conditions may also have contributed.

When weather is involved, the important question is often not simply whether there was a storm, but how the tree, its condition, and the site interacted with the weather conditions that occurred.

Can Previous Tree Maintenance Affect the Investigation?

Yes. Previous tree work and maintenance may be relevant depending on the circumstances.

An arborist may review information concerning pruning, removal of limbs, treatment, cabling or support systems, prior inspections, recommendations from tree professionals, or other work performed on the tree.

The absence of maintenance does not automatically establish responsibility, just as the existence of maintenance does not automatically eliminate it. The significance of prior care depends on the particular tree and the issues involved in the case.

Can Construction or Property Changes Contribute to Tree Failure?

Yes. Construction and changes around a tree can affect its health and structural stability.

Potential issues may include:

• Root cutting

• Soil compaction

• Changes in grade

• Excavation

• Trenching

• Changes in drainage

• Damage from construction equipment

• Removal of neighboring trees

• Changes in exposure to wind

• Alterations to the tree’s growing environment

Some effects may become apparent quickly, while others can develop over time.

When a tree failure occurs after construction or major property changes, an arborist may investigate whether those activities affected the tree and whether they contributed to the eventual failure.

What Evidence Is Helpful After a Tree Falls?

Physical evidence can disappear quickly after a tree failure, so preserving available information can be important.

Potentially useful evidence may include:

• Photographs and videos of the tree before the incident

• Photographs immediately after the failure

• Images of the stump, roots, trunk, branches, and failure area

• Tree maintenance records

• Previous arborist or tree-company reports

• Communications concerning the tree

• Property photographs

• Construction records

• Insurance documentation

• Dates and timelines

• Witness observations

• The actual failed tree material when it is still available

A consulting arborist can determine which evidence is relevant to the technical questions presented by the particular matter.

Why Is It Important to Investigate Before the Tree Is Removed?

Important evidence can be lost once a failed tree is cut into pieces, hauled away, chipped, or the stump is ground.

The fracture surface, decay, roots, structural defects, and relationship between the tree and its surroundings may provide information that cannot be reconstructed later from photographs alone.

When a tree failure may lead to a significant insurance claim, property dispute, personal injury matter, or lawsuit, it can be useful to determine whether an arboricultural investigation is needed before the physical evidence is altered or removed.

Can an Arborist Determine Who Was Negligent?

An arborist can provide technical findings concerning the tree, but negligence is ultimately a legal determination.

An arborist may be able to address questions such as whether a significant tree condition existed, whether evidence of that condition was present, what caused or contributed to the failure, whether accepted arboricultural practices are relevant, and what a reasonable inspection might have revealed under the particular circumstances.

Attorneys, insurers, courts, and other appropriate decision-makers can then consider those findings along with the applicable legal standards.

Keeping those roles separate is important. The arborist provides independent professional expertise about the tree-related facts rather than deciding the legal outcome.

When Should a Consulting Arborist Be Contacted After a Tree Failure?

A consulting arborist may be appropriate when a tree failure results in significant property damage, personal injury, an insurance dispute, disagreement between property owners, or questions about the condition and management of the tree before it failed.

Early involvement can be particularly useful when physical evidence is still available.

A consulting arborist can evaluate the circumstances, identify relevant evidence, investigate the tree and site when appropriate, and provide an independent professional opinion about the arboricultural issues involved.

About Marty Shaw, RCA

Marty Shaw, RCA is a consulting arborist, investigator, author, and expert witness with decades of experience addressing complex tree matters. His work includes tree failure investigations, tree risk assessment, appraisal, insurance matters, property disputes, construction-related tree damage, and litigation involving trees and landscapes.

Green Season Consulting provides independent arboricultural expertise for attorneys, insurance professionals, property owners, organizations, and others dealing with difficult tree-related questions.

Contact Marty Shaw About a Case:

Email: expert@greenseasonconsulting.comCall: (615) 794-4377

This information is provided for general educational purposes and is not legal advice. Questions concerning negligence, liability, ownership, damages, or other legal rights should be discussed with a qualified attorney.