protection from liability

[Daniel]

Just wondering if you think this letter is enough to protect me from liability. My sense is that the client will not sue anyone anyhow.

This is a formal letter to inform you of the risks imposed by "topping" the large white pine tree in your front yard. The type of pruning you have requested violates industry standards and guidelines and is particularly inappropriate for a tree of this species and size. At your request we will proceed with this pruning, having informed you that this will likely result in the death or decline of this tree.

You have agreed that you will assume this risk and hold my tree service and all associates free from liability should this tree have an adverse reaction to pruning.


Please sign below to acknowledge


Thank you,

 

[Tom Dunlap]

To paraphrase Scotty:

We're arborists Jim, not attorneys!

Getting legal advice from arbos sure doesn't seem too prudent. Unless the attorney is an arborist too

 

[TreeLogic]

It does look well written and gets the point across though. And I think it would prove you took at least some measure to inform the client that this isn't just a "no no", it's a "major no no"...and you get their signature showing they read and understood it.

 

[climbhightree]

I guess I am wondering why you are doing it. If it is not within industry standards, and can kill the tree, and not something you like doing...Do you want people to see you doing it? Do you want referrals to do more of it?

People ask me all the time to top their tree...I explain why this is a bad ideal, and even say there are companies that will do it for you. But if they still decide that is what they want to do, I walk away. I don't want to compromise my standards for work, and I get plenty of jobs because I don't do topping.

Where is your conviction or standards, that this is a bad practice, if you are willing to still do it.

 

[Daniel]

Good question...
I have walked from requests for improper takedowns and bad pruning..
in this case the tree could easily be a removal given its condition, and position in the landscape. If I thought the tree was a valuable specimen, I might walk away on principle.. I think the tree has a better chance of making it if I do the work. I can hopefully reduce it to a point where it recovers.. 75' bucket helps in that regard..

 

[treehumper]

R u saying there is damage to this tree? R u retrenching?

 

[guymayor]

Legal liability is not your biggest concern here.

What part of the A300 Standard would this work violate?

Got a camera?

 

[sherwood7]

If the top is dead or structurally comprimised then let it rip. Sounds like you informed them of what might happen after the top is removed. Dont think there are any big legal issues here. If the tree is safe and in good health, I personally wouldnt. A pic would def help.