define 'arboricultural certainty'
Seems a wee bit vague to me.
Certainty based on the study of trees. Fairly cut-and-dried
What does 'reasonable degree' mean exactly?
A degree that is reasonable; more likely than not. To be protected from liability, one need not have absolute certainty. Courts realize that certainty is seldom absolute.
Some arborists choose not to accept the assignment of assessing risk, out of a generalized concern of getting sued. Liability is assumed according to four specific factors:
1. Duty, the responsibility for the tree’s care
2. Breach, the failure to act reasonably
3. Harm, damage or injury
4. Cause, proof that the breach resulted in the injury
A certain level of liability is unavoidable no matter what we do or not do, but there are steps that can limit our own personal and professional liability when assessing tree risk. First, define your assignment so that you and the owner understand the level of detail that you will be going to, and what form the written report will take. Second, state your limitations in a written “disclaimer”. Unless you have a big “S” on your chest, you cannot see inside the tree or under the tree. You cannot foresee what storms will be testing the tree’s strength, so you cannot guarantee its safety for a week or even for a day. Finally, make it clear that risk is always present, and it is the owners of the tree who are responsible for the decisions affecting the tree.
It's pretty simple--arborists need not recommend removal of every tree with a conk.. In fact, they could be liable for negligence if they make such blanket recommendations.