Who’s At Fault When Trees Fall?

Oct. 02--Hurricane Irma tore it's way through Georgia early last month, and while fallen trees are not as much of an issue as they were after Hurricane Matthew, a good number of them were toppled by the storm.

If a tree falls from one person's private property onto another, who is responsible? Fred McGinty, an insurance agent with McGinty, Gordon & Associates, said a surprising number of his clients have not known the answer.

He said much of the answer is based on case law.

Should a tree fall onto a neighbors property, the owner of the property on which the tree stood is not automatically responsible, he said.

"If that tree was healthy, and there was no reason for the owner to believe there was a weakness in the tree, and it gets knocked over by wind or a lightning strike, that's an act of God, and the owner of the tree is just as innocent as the other person," McGinty said.

Not caring for a tree can be seen as negligence, he said.

"If the tree was obviously rotten, the reasonable person would take steps to mitigate it," McGinty said. "If it falls over, the property owner is probably responsible, even if it is knocked over by an act of God."

Personal liability policies can protect against acts of God caused by negligence, McGinty said.

"I've got a tree on my property, I know it's rotten, and it's a potential hazard to me and my neighbors, and that tree comes down on me or my neighbors, that policy would defend me if it went to suit, if (the insurer) didn't think I was legally responsible for it," McGinty said.

"When it comes to nearly anything, prevention is better than treatment. A major issue with trees in urban areas is people don't give trees the room they need to grow enough roots to anchor to the ground," said Don Gardner, University of Georgia Cooperative Extension agent. "If you give trees soil volume to anchor into, they'll do well. A number of trees fell (during Hurricane Irma) because they were in confined root space areas."

He also said don't abuse them, be careful when running lawn mowers over the roots, and plant the right trees for the area.

"That's why we have live oaks. They grow deep, wide root systems and take what nature throws at them for 300, 350 years," Gardner said. "Take a look at what survives in nature. Red cedar does very well."

Other trees that tend to do well in this region include southern magnolia, any tupelo, or Nyssa, tree, bald and pond cypress, eastern and southern red cedar, and mockernut and pignut hickory. Gardner recommended referencing the paper "Potential Native Trees of Georgia's New Hardiness Zone 9a," by Kim Coder with UGA's Warnell School of Forestry and Natural Resources. A Google search will help find the paper.

When it comes to dealing with trees once they're down, Andy Jones, owner of Jones Tree Service, said forethought and taking precautions should be top priority.

"Always think safety. For every action, there is an equal and opposite reaction," Jones said. "Be smarter than the piece of wood you're cutting."

He said to wear personal protection, don't cut overhead with a chainsaw and keep the saw properly maintained.

He also said to be careful not to block any utilities when putting debris out for pickup. Glynn County published guidelines for residents on how to leave debris.

Residents are asked to place storm-related debris in piles at the curb in front of their home. Woody, vegetative debris and other construction and demolition storm-related debris such as fencing, shingles, carpet and drywall will be collected by work crews.

Piles should not block access to utilities, mailboxes, storm drains, ditches or driveways. Excess and loose debris should be swept from the street, and construction debris should be separated into its own piles. Crews won't pick up debris in bags.

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