Trees and Liability
writersblock (9b/10a)
6 years ago
last modified: 6 years ago
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writersblock (9b/10a)
6 years agolast modified: 6 years agoRelated Discussions
Liability/responsibility: damage to invisible fencing
Comments (19)Hi Ginger Glad you're getting some resolution. I used to operate a landscaping business, and I have an escape artist dog that requires I use one of those invisible fences strung along the physical fence to keep her from going under it. (Nothing short of the Berlin Wall was going to keep her in otherwise. And thank you for your concern for my dog, but the occasional mild shock is much kinder to her than having her get hit by a car, picked up and immediately euthanized by Animal Control, or shot by an irate neighbor. She gets a warning tone before the shock, so she rarely gets shocked.) I always kept on hand an assortment of irrigation parts for fixing any damages to irrigation systems while I was working. That's how I learned how to install irrigation, actually, by having to fix the darn things. It's just part of the job in my opinion. As to Invisible Fence, it's ridiculously easy to fix. Waterproof wire nuts, like those used for irrigation valves, splice cut or damaged wires together. That's it. It's no different from fixing a damaged irrigation wire. The only trick would be verifying that the fence still works. The newer systems have an LED on the controller that will tell you at a glance if the fence is working - it's probably installed in the garage, in the same place you'd install an irrigation timer. Invisible fence wire requires a complete circuit to work. Doubling and looping the wires allows you to create blank zones where the dog will not be shocked, while connecting no-go zones in one continuous strand of wire. If the client is going to have invisible fence wire installed in planting beds, then they should pay you to encase it in PVC pipe or trench it with gravel to protect it, as is done with irrigation valve wire....See MoreNeed help! involves liability insurance!
Comments (5)Our builder's risk included $1 million in liability for anything that happened on our property. We were concerned because we are on a pond and had an open foundation hole for a winter, I was worried about people cutting through our lot to get to the pond to skate. We put a chain across the driveway with a No Trespassing sign (woods extend to the driveway, so there is no way for a vehicle to get in around the chain). The only person that got hurt was me. I fell in the foundation hole and ended up in the hospital for a week. So yes, it happens. I believe the policy was about $800 per year....See MoreVa. High Court Breaks New Ground on Tree Liability
Comments (16)I've read this thread a number of times now and would like to re open the discussion in lieu of the last couple of remarks. Yes trees can cause damage to homes, so does UV radiation, some insects, and also wild fires, storms, floods, etc...The point is here that the perceived damage from trees far exceeds the actual damages. In fact the odds of a tree killing a member of the public is about 1:20,000,000 or less than being killed by lightning strikes. Yet where do we consider the damages to the community in the loss of large maturing canopy trees that provide a net benefit in hard dollars to communities through all the services trees provide for free. Another point about small trees in small lots. Trees with canopies that mature under thirty feet take up space in the same areas that we need for human activity. In contrast a tree with a mature height of seventy feet can easily be pruned to allow for canopy coverage above a structure while still allowing for people to have branches clear of their structures and giving them room to walk and play underneath. Point three: Many of these tree "problems" have an ultimate people cause. Compacted soils causing root growth in the upper portions of the soils, poor sidewalk or patio designs that actually create great spaces for tree roots to grow just below the concrete due to condensation, over fertilizing of lawns that cause fast growth and can lead to premature shedding of tree parts, over pruning or bad pruning which can lead to whole or partial tree failures, removal of neighboring trees that help protect other trees, and the list can go on and on... Yes trees can sometimes cause some problems for people, but in the end we need them for quality of life. Tree law at this point is just beginning to recognize the longevity of trees, as opposed to the short occupancy of most homeowners. The laws are beginning to take into account that trees are not static things, but change from year to year. We still have a long way to go on this one, but I fear that litigation and regulation is going to create an environment where no tree reaches maturity before it is deemed a "hazard" and removed only to be replaced with a much smaller tree producing less quality of life for our community....See MoreTexas Moutain Laurel: a liability if planted in front yard? (toxic)
Comments (8)Soil in most of Dallas is still slightly alkaline (turns acidic further east), so TML can grow well here. The question is whether they will reliably survive the extreme cold/wet combo in blackland prairie clay in the particular site they're planted. A very well draining location will give them a chance. Ours has done fine over the past three 8a winters and there are much older examples in zone 7, but as bjb817 indicated, they are a bit of a gamble this far north. These are growing along the Riverwalk and in front yards and parks all over San Antonio, so there would be many examples if these actually posed much of a hazard to people or pets. Have never heard of any problems, but good to be aware....See Moremorz8 - Washington Coast
6 years agolast modified: 6 years agowritersblock (9b/10a) thanked morz8 - Washington Coastwritersblock (9b/10a)
6 years agowritersblock (9b/10a)
6 years agolast modified: 6 years ago
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