Liability vs the right thing to do

[Toomuchsawdust]

So.... I had this 50' cherry partially uproot and threaten to horribly scratch the siding on a 2 story home and take down 3 or 4 pesky communications lines and 2 service drops going to houses. In the middle of a vicious V. It was almost dark and I knew we wouldn't be able to remove it that day, but the ground was heaving with very little wind. I happened to have several ropes and tensioning devices on me, so I secured the hell out of it (in a pretty ingenious fashion I might add) to give the homeowner peace of mind. 3 anchor points 2/3 the way up and left it there over night. I was completely confident in my system until a thunderstorm rolled through. It held just fine, but got me thinking.

Will you secure a tree and risk accepting liability if it falls or leave it to chance if you can't get to it that day? Ethically I know I did the right thing in securing the tree. It would have been a mess if it had fallen. But liability wise, I could have screwed myself. Justbwant to know what you'd do and your thoughts.

 

[monkeylove]

Unfortunately in today's world and you being in the business, the laywers would probably dislike your choice without a signed wavier for the "right thing".

 

[Toomuchsawdust]

Dammit I hate lawyers. So much.

 

[Toomuchsawdust]

A waiver would have been a good idea. Solves all the problems.

 

[monkeylove]

If nothing else it hopefully puts the argument between the home owner and their insurance company instead of your insurance company and their insurance company.

 

[guymayor]

Liability is so overfeared! How could you walk away doing nothing??

But getting it in writing, with pics showing work to standard, always a good idea.

 

[Toomuchsawdust]

There are lots of guys that wouldn't touch it until its time to cut it.

 

[guymayor]

Then there are a lot of guys who are scared of their own shadows.

 

[NorCalBrock]

We usually don't touch until it's time to cut, but I've never thought of having a liability waiver - I never liked leaving but wasn't sure what to do if it was dark or severely storming.

I've seen in few "Bad Tree" by August Hunicke - he secures them then goes back later.

This was my favorite:

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[Toomuchsawdust]

It's hard for me in good conscience to leave something dangerous at a jobsite. I'd rather do something and risk the liability. I wish the good Samaritan law applied to this.

 

[NorCalBrock]

I agree, but had the same dilemma. Looks like I'll need the lawyer to draw up a liability contract so I can secure hazards in the future. It would keep me up at night sometimes


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[treehumper]

It's all in how you present it. If you never tell them that it won't fall over or that it's secure but, let them know that it's done to standards (if it is in fact) but that factors beyond your control may cause it to fail. As usual if it's in writing then it's evidenced.

 

[NorCalBrock]

In years past, one insurance company "AAA" would pay for the customers to stay in a hotel - they are the only one's who pay for prevention around here


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[DTS]

I'd secure it tell the homeowner to call power company in my area they have no problem dropping lines for us. They will even prune limbs near wires if needed. Me personally couldn't sleep at night knowing I did nothing to help.

 

[Toomuchsawdust]

I'd secure it tell the homeowner to call power company in my area they have no problem dropping lines for us. They will even prune limbs near wires if needed. Me personally couldn't sleep at night knowing I did nothing to help.

It was clear of the lines to climb and remove it, but if it fell it was taking them with it.

 

[DTS]

It was clear of the lines to climb and remove it, but if it fell it was taking them with it.

I'd still call they rather come out and clear a potential hazard then repair or replace a service I don't use them much as I should but they will clear hazard which yours seemed to be.

 

[RIVIEZZO TREE EXPERTS]

you did the right thing. end of day working customer calls me this tree is leaning, it used to never be like this. ill set a couple ropes in it and just explain it shouldn't fall but you can never guarantee against mother nature. every time i did this, it makes u look even even better and just lines up more work for you. it would be very hard for anyone that wants to grow to walk away and feel fine. i have con ed put the " booties" on the wires all the time.