# Advice Needed on Recommended Arborist Credentials



## claymation (Aug 11, 2010)

I have a rental unit that has a HUGE silver maple in the back yard. I have a tree guy come every 2 years or so and examine the tree, remove dead branches, prune it, etc. Early this summer, we had a micro-burst storm blow through and it downed many trees in this houses vicinity. Luckily, this tree was spared with only minor damage; however, a pretty big limb did come out of it and land in the next door neighbors back yard (no damage to life or property). Well, this must have set a neighbor thinking about the possibilities of the tree falling on her house and/or her because she is now dropping strong hints related to suing me if the tree caused any problems for her. The limb that fell in her yard did have some rot in the very center core of the branch (see attached pictures) which, I have been told by my tree guy, is not uncommon for this type of tree and can happen to any tree, but that it doesn't necessarily mean that the tree is unhealthy. I REALLY hate to lose this beautiful tree, but if it has to go, so be it. I just need to make sure I get sound advice. It may very well be one of the oldest trees in my city and it, single handedly, has rented this particular unit (on sight) several times.

If I have to go to court for some reason, I need to show due diligence in caring for this tree and getting the right advice. *What type of credentials should I be looking for when a tree service advises me on this issue?* Thanks, gang.


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## A. Spruce (Aug 6, 2010)

I would have to say that as long as the arborist you've been using is state licensed, certified, and insured then that's about the best you can do. In the end, if the tree is on your property and damages someone else's property, you'll likely be held accountable, regardless of the health of the tree.

I would also make certain that your home insurance coverage includes possible tree related damages. Many times you think you're covered and the insurance company conveniently calls it an "act of God" and doesn't have to pay out.


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## claymation (Aug 11, 2010)

A. Spruce said:


> In the end, if the tree is on your property and damages someone else's property, you'll likely be held accountable, regardless of the health of the tree.


Most of the tree guys I've talked to about this so far have stated that if my tree falls on another's property as the result of an act of God, then the damaged HO's insur policy pays...


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## A. Spruce (Aug 6, 2010)

Yeah, don't count on that ... Having dealt with quite a few claims adjusters, they have a funny way of wiggling out of paying for things without a fight. If the neighbor sues due to damage, don't count on the courts to see it any other way than it's your tree, your problem, you pay. It's just the way our society is today.


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## claymation (Aug 11, 2010)

A. Spruce said:


> Yeah, don't count on that ... Having dealt with quite a few claims adjusters, they have a funny way of wiggling out of paying for things without a fight. If the neighbor sues due to damage, don't count on the courts to see it any other way than it's your tree, your problem, you pay. It's just the way our society is today.


case in point: the Ryobi with no "saw stop" capability, right?!!

My insurance co's official stance:

Tree falls on my own house causing damage/injury = full coverage
Tree falls causing no damage/injury = NO coverage (for cleanup)
Tree falls on another's property causing damage/injury = NO coverage; They would provide legal assistance to fight claim in court. If I lost, they would pay (so they say.)


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## griz (Nov 26, 2009)

claymation said:


> Most of the tree guys I've talked to about this so far have stated that if my tree falls on another's property as the result of an act of God, then the damaged HO's insur policy pays...


Yup, pays their attorneys to sue your a$$. If that were my tree and there was storm damage exposing that much internal rot, it would quickly become a firewood.


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## claymation (Aug 11, 2010)

griz said:


> Yup, pays their attorneys to sue your a$$. If that were my tree and there was storm damage exposing that much internal rot, it would quickly become a firewood.


Maybe... but remember, this is only one branch, about 10" in diameter. This tree is huge with a trunk diameter of about 4 feet! I agree, though, if the ratio of rot is similar in the trunk it will be heating my shop next winter... BUT, back to the original question: what credentials in an arborist should I be looking for?


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## griz (Nov 26, 2009)

claymation said:


> Maybe... BUT, back to the original question: what credentials in an arborist should I be looking for?...


EXPERIENCE. Then what ever credentials/licensing your state may have. 
Maybe a second & third opinopn.
Just remember no matter what the tree guy says if it falls etc. it's still your a$$ on the line. Good Luck.


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## Anti-wingnut (Mar 12, 2009)

claymation said:


> BUT, back to the original question: what credentials in an arborist should I be looking for?


 

ISA, International Society of Arborists


American Society of Consulting Arborists. 
http://www.asca-consultants.org/

Most consulting arborists do not do actual tree removal or similar work. As such, they are viewed by the court system as impartial. Many working arborists can do similar work, but you should be vigilant that they have the proper credentials and insurance for such work. 

It would appear that your tree is in need of several cores or resistance test to ascertain the health of the wood.

As far as your legal exposure, in many areas if a hazard on your property which may affect others (neighbors) is pointed out to you, then your legal liability increases. It is safe to assume that your neighbor has pointed out a situation which a reasonable person would judge as dangerous. You should now either remove the tree, or have a credentialed arborist or consultant provide you a tree health assessment which states contrary to the non-professional opinion of your neighbor


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## claymation (Aug 11, 2010)

Anti-wingnut said:


> As far as your legal exposure, in many areas if a hazard on your property which may affect others (neighbors) is pointed out to you, then your legal liability increases. It is safe to assume that your neighbor has pointed out a situation which a reasonable person would judge as dangerous. You should now either remove the tree, or have a credentialed arborist or consultant provide you a tree health assessment which states contrary to the non-professional opinion of your neighbor


Exactly why I am trying to determine the needed credentials. Thank you for the info!


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