Trees are often involved in litigation surrounding accidents, trespass, and other events. Typically, the critical questions may involve the health and condition of the tree and its status as a potential hazard at the time of the event. There may be questions about the quality of care given to the tree before the event and whether the owner should have known about its condition. In the case of trespass, there is often a question of value. Answers to these questions, which may arise months or even years after the event or other important events in the life of the tree, often require an expert with detailed knowledge of the growth characteristics and physical properties of different species and an understanding of the process of annual wood formation and response to wounding.
When an incident involves the condition, history of care or abuse, or value of trees, a Robson Forensic dendrology expert can make determinations about critical questions such as the condition of a tree prior to the event in question, whether that condition constituted a detectable hazard, and the timing of important events in the life of the tree including disturbances to its environment.
- Tree Struck by Vehicle, Pedestrian Struck by Tree
A pedestrian was injured on an early winter morning when a tree that had fallen onto the roadway was struck by a passing vehicle and pushed onto the pedestrian. The tree fell as a result of extensive decay in the lower portion of the trunk on the side of the tree facing the road.
Robson Forensic highway engineers addressed tree placement with regard to right-of-ways; our dendrologist addressed the rate of decay and deterioration of the tree; and our facilities engineer, Brian O’Donel, addressed the standard of care for the private property owner inspecting and maintaining buildings and grounds, including trees and tree removal.
Based on the tree’s rate of decay and the applicable standard of care for maintaining facilities, Brian was able to establish that the property owner knew, or should have known that the tree was in a dangerous condition for over a year prior to its falling. The property owner violated property maintenance standards and local codes when they failed to address the unsafe condition, and this violation was a cause of the pedestrian’s injury.
This case settled favorably for our client.
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- Robson Forensic Brochure
Robson Forensic has been providing high quality and professional forensic engineering, architectural, scientific and
investigative services throughout the United States since 1987. Robson Forensic provides expertise in a broad range of forensic and technical disciplines.
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