On June 1st, Atlantic hurricane season officially begins and lasts until November 30th. This six-month period places coastal zone residents, as well as many entire states, at an increased risk of tree liability potential.
When a healthy tree fails structurally in a storm, insurance will pay for damage caused by it, less any deductible. Generally, regardless of its origin, it’s the property owner’s insurer who covers the loss.
If no damage results from downed limbs, or even entire trees, the recipient will likely have to pay for the cost of debris removal personally.
Dead or damaged trees typically are the owner’s responsibility. Damages due to failure resulting from owner neglect rarely are covered by insurance.
However, when damage is caused by a dead, diseased, or neglected tree, insurance policies generally do not cover the loss. Policies typically require the insured party to maintain their property in a good and/or safe condition.
Failure to do so will likely void the policy’s coverage, whether to the insured’s property or their neighboring properties. Bottom line, the property owner is likely to be held responsible for the cost of repairs, loss of property, or, even worse, injuries to persons if the problem is caused by owner neglect with regard to tree potential risk.
Unfortunately, many property owners are unaware of how to determine how much risk they may have, and they may potentially be held liable for tree failure. This is especially true if the owner has been made aware of the potential risk a tree poses, and the situation has been documented.
The owner is considered negligent when they fail to do what a reasonable person would do to prevent harm.
Knowing an unacceptable level of liability exists should encourage the owner to take the appropriate steps to mitigate the risk their trees may present. Remember, it’s typically cheaper to find out and manage risk than to suffer the results and financial costs of negligence.
So, what are some steps that may be taken to prevent risk to the property owner and to protect neighbors?
To begin, the property owner should retain the services of a qualified arborist, someone experienced in tree risk assessment and certified by the International Society of Arboriculture (ISA) to inspect trees for weak limbs, cracks, disease, decay and other appropriate safety concerns. Also providing recommendations to reduce any risks and to keep trees in good health.
The owner also should pay attention to determine if there are any root issues that could cause potential tree failure. The owner needs to be familiar with all local codes and ordinances relative to tree regulations appropriate to tree care, including pruning, removal and root zone protection that may be subject to permitting requirements.
Pay particular attention to issues owners of adjacent property may have documented or brought up, and take immediate action if there is a clear and present danger to life or property.
If there is any concern about nearby utilities, especially limbs that are close to or touching power lines or other electrical equipment, contact the appropriate utility and have them assess the situation.
OSHA requires any tree work be done by the utility if any portion of the tree is closer than the separation distance required for that particular utility line or electrical equipment.
Remember, routine preventative maintenance not only keeps trees healthier, but will likely save money in the long run by reducing safety hazards and lowering risk. Insurance agents can determine a policy’s specific coverages and advise about what is or what is not covered when tree issues are involved.
Ask about any differences in coverage if damage is, or is not, storm related. Additionally ask if a policy covers the cost of removing lightning struck trees.
What about the value of damaged or destroyed trees? Are they covered? Be sure to understand what property maintenance responsibilities are required by a policy and document what has been done to meet those requirements.
Finally, take the preventative approach. Trees are worth the effort to keep them properly.
Not only do well-kept trees present less risk, but they also can add significantly to the visual appraisal value of property when maintained in good condition. They also can increase quality of life because of the shade and other benefits they provide.
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