[WSBARP] Tree law/insurance intersection

Thu Aug 15 15:48:23 PDT 2019

Here are three cases talking about dangerous trees.  Albin v. The National Bank of Commerce of Seattle, 60 Wn.2d 745, 375 P.2d 487 (1962); Lewis v. Krussel, 101 Wn. App. 178, 2 P.3d 486 (2000); and Rosengren v. City of Seattle, 149 Wn. App. 565, 205 P.3d 909 (2009).  

I believe the tree owner must have knowledge that the tree is defective to be held liable for damages.  

I don’t have the cites in front of me, but a recent case said a property owner who trimmed branches to such an extent that the tree died was liable for damages; whereas, a person who cut out trespassing roots, causing the tree to die, was not liable.  

Jeff Davis

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Michael Brandt
Sent: Thursday, August 15, 2019 1:05 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Tree law/insurance intersection

All:

You need to have an arborist determine if any of the trees of concern can be deemed “dangerous trees” if you want to make sure the neighbor with the trees would be held liable after receiving notification of the nature of the tree, although damages for trespass would still be obtainable if damages are caused.  Would trimming the branches that overhang the client’s property increase the likelihood of where the tree would fall if it went over?  If so, you have the right to trim trees and roots if it does not kill the tree.

I have communicated with a similarly situated neighbor and had them allow my client to have the trees of concern removed.

Michael D. Brandt

BRANDT LAW GROUP

1200 - 5th Avenue, Suite 1950

Seattle, Washington 98101

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From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  <wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Craig Blackmon
Sent: Thursday, August 15, 2019 12:31 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Tree law/insurance intersection

Would the neighbor even be liable? If there is no sign of distress and no way of predicting failure, I don't think the owner is liable for damage caused by a falling tree. Obviously, "signs of distress" is a genuine issue of fact....

And maybe I am mistaken?

Craig

Craig Blackmon, Attorney at Law

Seattle Real Estate Lawyer <http://www.seattlepropertylawyer.com/> 

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On Thu, Aug 15, 2019 at 11:00 AM Tom Lee <tlee at kerrlawgroup.net <mailto:tlee at kerrlawgroup.net> > wrote:

PC lives in a neighborhood with old trees. Neighbor across the alley, (the alley is drivable, paved, utilities run under); neighbor has an enormous elm tree that extends over part of the alley. The elm is squarely on neighbor’s property, within a fenced yard. 

PC is concerned about damage to their backyard, garage, and a small trailer parked within their yard. If tree falls and hits their yard (it is tall enough to hit most of PC backyard if it fell right), PC fears homeowners insurance may not cover damage to above-items. 

Does anyone have any thoughts on this? Much appreciated,

TOM LEE

Attorney

KERR LAW GROUP | Attorneys at Law | A Professional Limited Liability Company 

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