Why Attorneys Hire an Arborist Expert Witness

Posted on February 3, 2022 by landscapeexpert

Whether an attorney represents a plaintiff or defendant, they hire an expert who will provide compelling testimony to support their client. Sometimes, multiple experts from a variety of disciplines may be required. When should an attorney consider hiring a certified or registered consulting arborist as an expert witness?

Trip, slip and fall accidents caused by tree roots damaging concrete sidewalks, asphalt streets, patios, and decks.
Tree failures, forensic tree risk assessment to determine open and obvious?
Appraisal(s) to establish the pre-casualty tree value prior loss due to fire, vandalism and trespass.
Determine whether an owner, individual or company satisfied the arboriculture industry standard of care.

Living with trees implies accepting a certain amount of risk in exchange for the wonderful benefits trees provide. While the risk of a tree limb or whole tree failure resulting in a fatal injury is low, hazards caused by trees that result in personal injury or property damage lawsuits are not uncommon.

Tree species and proximity to infrastructure may be a factor in accidents with personal injury or property damage. Tree roots seek out moisture regardless of their location. Structural roots emanate from the trunk to the edge of the crown, also known as the drip line, then small moisture absorbing root grow far beyond. Tree root systems may grow 1.5 times the tree crown diameter.

Trip, Slip and Fall Accidents

In the urban environment, tree proximity to hardscape may result in roots growing beneath concrete sidewalks and paved streets while seeking moisture. Roots will grow into adjacent water meters and sewer laterals, especially older leaking, permeable infrastructure. Once established beneath a paved surface, a root continues growing, over time enlarging in diameter.

Over time, these surfaces may begin to lift along the crack or expansion joint. Adjacent sidewalk panels may lift several inches, resulting in a hazardous condition for pedestrians and bicyclists.

Uplifted sidewalk panels resulted in bicyclist personal injury lawsuit

After sidewalk was removed, large structural roots were observed beneath the sidewalk.

Multiple roots damaged the sidewalk, created the hazardous condition and resultant accident.

Eventually root enlargement lifts concrete infrastructure, including water meter boxes and sidewalks. Cracks may develop across a sidewalk panel, in my experience, most concrete sidewalk uplifts occur along an expansion joint.

In their pursuit of moisture, roots from neighboring trees ignore property lines. They can grow beneath garage slabs and foundations, especially in situations where there has been a water or sewer leak beneath the slab. Moisture discharged beneath slabs, footing and foundations create an attractive environment for root development.

Neighbor’s Ficus tree root grew beneath their garage slab, resulting in property damage lawsuit.

Roots suspected of lifting sidewalk panels and water meter box that resulted in personal injury lawsuit.

After sidewalk was removed, large roots observed growing around the water leaking water meter.

Installing street trees within small concrete confined planters is an invitation for root damaging infra-structure. Leaking water meters, fittings and sewer connections increase soil moisture, an invitation for root growth.

A root penetrating a leaking sewer lateral or potable water meter pipe or fitting will quickly establish a mass of roots within and surrounding the pipe. Root growth may continue from the sewer lateral into the public sewer main. Over time, the root growth may block or cause a sewer back up to neighboring properties.

Roots deform a sewer lateral beneath garage slab.

Section of removed sewer lateral filled with roots.

Improperly designed, installed or maintained sprinkler systems may result in over-spraying paved pedestrian sidewalks. Regardless of cause, their is no reason to allow sprinklers to over-spray onto paved surfaces, it wastes a vital resource while creating an obvious slip and fall hazard.

Park sprinklers over-spraying a public sidewalk, resulted in a personal injury lawsuit.

Tree failures and forensic tree risk assessment

Tree limb and whole tree failures may result in personal injury and property damage lawsuits. Whole tree failures may occur due to loss of load bearing structural roots, whether due to root rot disease, construction impacts, mechanical root damage, or soil failure. Limb drops may occur for a variety of known reasons, typically the failure occurs during a weather event. Sometimes, a tree will drop a limb for unknown reasons, referred to as sudden or summer limb drop. Stems may contain defects such as cankers, decay, and cracks that may be predisposed to failure when enough force exceeds the wood carrying capacity. Forensic tree risk assessment may determine why the tree failed and whether the defects were open and obvious.

Stem failure resulted in personal injury and property damage lawsuit.

Tree and landscape appraisal for fire damage, trespass and vandalism

California has suffered countless wildfires the past two decades, resulting in substantial property damage. Tree appraisal for loss due to fire may be an important aspect in legal cases, especially when several major utilities are under scrutiny for causing wildfires.

The same holds true for tree loss or diminution in value due to trespass and vandalism. You may love your tree, but your neighbor may not. Neighbors frequently engage in tree disputes, sometimes resulting in trespass and vandalized trees. You may love your tree, but your neighbor may not.

Avocado groove scorched from wildfire in Fallbrook. Appraisal performed for insurance and tax purposes.

Oak tree property damage claim due to Thomas fire.

Tree and landscape appraisal for property damage lawsuit caused by Thomas fire mudslide.

Palm tree nursery burned due to vandalism, appraised palm value for property damage lawsuit.

Bamboo hedge poisoned by neighbor, property damage lawsuit.

Tree loss due to neighbors pruning, resulting in property loss lawsuit.

Arboriculture standard of care

Tree service contractors may become involved in a lawsuit for failing to satisfy the industry standard of care. When a tree failure occurs, the landscape maintenance or tree care contractor may find themselves as defendants in a lawsuit. A plaintiff may contend the landscaper or tree care company should have known the tree had defects but was the contractor responsible for risk assessment?

A C-27 landscape contractor may not be a certified arborist or provide arboricultural tree care, certified arborist may not be a trained or knowledgeable of Tree Risk Assessor Qualified, (TRAQ).

To determine a contractor’s standard of care, I examine their membership in industry associations such as the California Landscape Contractor Association, (CLCA), the International Society of Arboriculture, (ISA), the American Society of Consulting Arborists, (ASCA), and Professional Tree Care Association. I determine whether the certified arborist and tree care professionals adhere to the American National Standards Institute, (ANSI) A300 arboriculture standard practices and Z133 safety requirements. I check their standing on the California State Licensing Board.

In summary, personal experience, education and training are essential qualifications an attorney looks when selecting an arborist expert witness. Having expertise in multiple disciplines is an added benefit. My qualifications as a professional horticulturist, a C-27 landscape contractor, a certified arborist, registered consulting arborist and tree risk assessor qualified and land development manager enable me to opine on a broad array of landscape, tree, plant and land development issues.

Tree Roots Lifting up Sidewalk?

Posted on August 11, 2020 by landscapeexpert

Who is Better Qualified to Opine on Root Damage, Civil Engineer or Certified Arborist?

I was retained by a defendant attorney to determine whether her client’s tree was responsible for lifting the adjacent civil sidewalk that resulted in a plaintiff trip and fall lawsuit. Based on the photographs and tree species, White mulberry (Morus alba), I was fairly certain her client’s tree was responsible for the sidewalk damage.

The attorney retained me and requested a site inspection and tree root assessment. I trenched adjacent to the sidewalk and within a short time, encountered a three-inch diameter root growing under the sidewalk. Further excavation revealed a network of two to four-inch diameter roots that had grown under the sidewalk, resulting in the tree roots lifting up the sidewalk panel, creating a hazardous condition resulting in a trip and fall accident.

I informed the attorney that tree roots lifting up the sidewalk, or root encroachment from her client’s tree resulted in the sidewalk damage, she said her civil engineer expert claimed it impossible for a tree root to lift a concrete sidewalk. I questioned the engineers knowledge and experience with trees, was the civil engineer a certified arborist or horticulturist?

Although the answer was no, she felt his qualification as a civil engineer was superior to my qualifications as a certified arborist, tree risk assessor qualified, registered consulting arborist and a college educated horticulturist. Her dilemma was having two experts who disagreed and she requested I alter my opinion.

I told the attorney altering my opinion to suit her needs was unethical, and I removed myself from the case.

What Causes Tree Roots To Lift up a Sidewalk?

The common myth is trees have tap roots that grow straight down into the soil. While this may occur in very deep, loam soils, the reality is most containerized nursery grown trees lose their tap root in the container. Once planted in our poor Southern California soils, when the tap root encounters physical soil obstructions, such as rock, clay or hardpan, the tap root divides and grows multiple roots around the obstacle, forming a fibrous root system. Tap root grows into fibrous root system.

Trees require a spreading root system to maintain structural stability. Trees dissipate energy generated during a storm or wind event by transmitting leaf, limb and trunk movement down to the roots. A spreading root system anchors the tree movement and dissipates the energy far more effectively than a single tap root system.

Most tree roots grow within the top 24-inches of the soil horizon. Roots in top 24″ of soil. Over time, structural tree roots (2-inch diameter and greater) growing within a shallow soil adjacent to sidewalks, footings, foundations, walls or othersub-surface infrastructure may cause damage.

Just as a twig grows into a branch, and then a limb, roots increase in length and circumference. Irrigation water, sewer or water service leaks increase subsoil moisture beneath sidewalks or garage slabs, creating a perfect environment for root growth.

Cracked garage slab

As the root circumference increased, it exerts pressure on the concrete slab or footing above the root. Depending on the species, root diameter might increase 1/8-1/4” annually.

Within five to eight years, a small feeder root may grow to one-inch in diameter or greater.

Ficus root cracked the garage slab

The root growth may be compared to the action of a hydraulic jack, as the circumference increases, the upward pressure on the sidewalk or slab may crack and or eventually cause tree roots to lift the sidewalk. Concrete lifting may often occur at an expansion joint between concrete panels

Sidewalk lifted at expansion joint

Root network beneath sidewalk.

Roots seek out soil moisture, they can and will grow under walls, footings and garage slabs. Roots are opportunistic, leaky plumbing, old cast iron sewer lateral or water services contribute to the soil moisture needed for roots to flourish.

Sewer lateral root damage

Roots may infiltrate pvc, abs and cast-iron pipe through even the smallest of cracks or holes.

Once inside, the roots expand in size and quantity, eventually completely clogging the utility.

If the tree crown has grown over a sidewalk or adjacent structure, it is a reasonable assumption structural roots (two-inch diameter and greater) have grown under the sidewalk, slab or footing.

Root growing under house footing

Planter areas confined by concrete pose one of the greatest risks for root damage. City sidewalks often incorporate small, square planters within the sidewalk easement.

Roots lifting water meter and sidewalks

Confined planters quickly fill with structural roots, as well as damaging girdling root. As the tree crown grows, so to do water absorbing feeder roots. Over time, root mass and size increases, structural roots may begin to grow beneath concrete improvement while seeking out moisture.

Leaking water meter, high soil moisture, confined growing space.

The tree pictured above and to the right had a leaky water meter adjacent to the small sidewalk planter. The leaky service provided idea soil moisture conditions for the roots to lift the water meter box, adjacent sidewalks and crack the curb and gutter.

Preventative measures to minimize root encroachment include a variety of root barrier methods. All root barrier systems work best when the tree is installed. Once roots have enlarged and matured, barrier mitigation is not successful.

In summary, our Southern California poor, shallow soils do not support deep tree tap root systems. Most trees grow fibrous spreading root systems. Structural roots emanating from the root collar extend to the edge of the tree crown, (drip line). Most structural roots growing beneath sidewalks range from two to four inches in diameter, lifting sidewalk panels on average one-two inches. Trees growing in confined planters or adjacent to concrete, utilities or foundations may develop structural roots capable of lifting, cracking or damaging adjacent improvements.

Dealing with legal issues due to tree roots lifting up a sidewalk?

Attorneys should select an expert based on the case criteria, not simply a title, license or certificate. Choose an expert most appropriate to address the cause of the problem and develop opinions based on sound, industry practices.

Finally, A Turf Block Driveway With Thriving Turf!

Posted on June 23, 2020 by landscapeexpert

Rarely have I seen a successful turf block driveway. Turf block, turf stone, turf pavers are systems installed as living turf driveway alternatives. The material provides structural support via plastic or concrete cells that are filled with a soil media for turf installation. The block is designed to support vehicular traffic on driveways while providing a green alternative to concrete or asphalt driveways.

Turf blocks have been used for decades, but rarely have I seen thriving turf grass within the block. Not because of the product, but usually due to turf establishment and failure issues. Due to reduced soil root area, soil compaction, irrigation infiltration and damaged soil structure result in poor turf establishment. Soil preparation, drainage and proper irrigation coverage and operation are required to grow turf inside of a turf block system.

Lastly, using vigorous, warm season turf grasses that spread by horizontal solons, rhizomes, and rooting improves the successful establishment of turf grass, such as the Tiff hybrid Bermuda grasses developed for sports fields. Cool season turfs including rye, bluegrass and turf type fescues are clumping turfs that do not spread horizontally, thereby limiting establishment and healthy growth. Cool season grasses are more susceptible to leaf and soil borne diseases, are easily stressed during hot summer months, nor are they tolerant of vehicular and pedestrian traffic and compaction conditions.

Tiff hybrid Bermuda is well established within the turf block

Trip, Slip and Fall Hazard: Hidden Depressions in Grade

Posted on May 19, 2020 by landscapeexpert

Successful landscapes require:

Proper grading, drainage and amended soil.
An automatic irrigation system achieving 100% head to head coverage.
Properly installed, high quality plant material.

Each of these functions may require a specific type component, installed at a specific height or location to reduce the potential of creating a site hazard that may result in an accident. In commercial applications, landscape plans usually include details and specifications dictating type of product and how it should be installed.

Many common landscape products may be improperly installed including:

Pop up heads may be incorrectly set to grade against a sidewalk.
Valve or drainage boxes set too high or low relative to finish grade.
Shrub head installed on a riser adjacent to concrete improvement.
Hidden, obscured depressions in grade due to substandard compaction, settlement and subsidence.
Drainage box set too low.

Improper product selection or substandard installation practices may appear obvious. A pop up sprinkler head set above the top of adjacent concrete sidewalk creates a trip hazard. A drainage structure set well below the turf grade creates a trip slip and fall hazard. Selecting and installing a spray head on a rigid riser next to a pedestrian sidewalk is a sub-standard industry practice that creates a trip and fall hazard.

Spray head on a riser next to a sidewalk creates a trip hazard.

Not all landscape hazards are visible. Turf areas may have grade depressions or holes that are hidden by overgrown turf grass. Depending on the cause and time period, turf grass may completely hide the depth, location and size of the depression or hole, creating a hidden hazard.

A depression, rut or hole may result from several factors. Repeated mowing on saturated turf may create ruts. Overwatering may cause irrigation or utility trench settlement. A dead tree removed from a turf area may result in a future depression if the grade is not properly backfilled and compacted.

A seven inch deep hole hidden by turf grass.

Bermuda grass is a fast horizontal spreading turf-grass used in parks and recreation facilities throughout the country. Unless regularly aerated and de-thatched, Bermuda grass in known to grow a thick layer of thatch. Over time, the thatch layer can increase the turf grade several inches above adjacent sidewalk and curbs.

The backfill in utility trenches installed across pre-existing turf may settle, creating a depression in the sub-grade. The photo depicts the edge of a trench cut across an asphalt driveway, across a turf area. The trench backfill eventually settled, creating a trench sub-grade depression hidden by the Bermuda grass.

Thatch, hidden depression and sanded turf.

The depression resulted in a trip and fall accident. After the accident, several hidden turf depressions were “sanded” to fill depressions to proper grade.

Not all landscape hazards are open and obvious. Even a perfectly installed landscape may develop hazardous conditions if not regularly inspected and maintained.

Irrigation systems should be monitored, inspected, tested and adjusted monthly. Turf should be trimmed around utility boxes and vaults regularly, aerated and de-thatched annually to maintain optimum performance and minimize grade changes. Drainage structures should be grade adjusted, repaired or replaced when damaged. Valve, electrical and junction boxes should be monitored for grade changes and adjusted as required. Bark mulch thickness should be monitored and supplemented annually to maintain proper coverage and grade.

In summary, a properly installed landscape is composed of several systems and components that require regular ongoing maintenance for optimum performance, efficiency and safety. Pro-active landscape maintenance may reduce potential hazards, resultant accidents and lawsuits. These actions demonstrates an Owner’s recognition of protecting the health and safety of the public, pedestrians, friends and family who may visit and use the site and may prove useful in a legal action.

Arborist Online Learning Opportunities in the Covid Era

Posted on May 12, 2020 by landscapeexpert

In a recent blog, I discussed using online media for a site online site inspection involving a Torrey pine tree root conflict with adjacent asphalt paving. That marked the first time I used an online media tool rather than being physically present at the site. My client and I used Facetime to conduct the real time inspection.

As the restrictions ease, I believe the use of online media such as Zoom, Hangouts, Facetime etc will increase. I have already presented this concept to a legal client in Northern California concerning an irrigation inspection. Do I really need to fly from San Diego to San Francisco, rent a car, drive to the site, observe irrigation defects, then reverse the process returning home or, can I watch the inspection over the web? The level of scrutiny required depends on the individual case.

A slide from Dr. Smiley’s presentation

Like so many other industries, the tree industry is rapidly adapting to the new Covid – 19 reality. Today, I attended an online Zoom seminar titled Sidewalks, Urban Plazas and Tree Roots. This seminar was presented through the ISA Southern Extension. I believe it was originally going to be part of a “normal” ISA Southern Association Annual meeting that was cancelled due to Covid.

The online presentation occurred through Zoom with over 1000 arborists throughout the U.S. and other countries attending. The topic concerned tree roots damaging sidewalks, presented by Dr. Thomas Smiley. Once a few technical glitches were adjusted, the presentation was almost identical to what I had experienced attending many seminars.

The slides presented alongside the audio streaming from Dr. Smiley was easy to view. I became immersed in the content and found myself taking pics of some of the slides. The topic provided test data results using different techniques designed to reduce root intrusion beneath sidewalks.

Incorporating root growth inhibitor practices

The presentation lasted an hour, same amount of time I’m accustomed to when attending a seminar. Although I already knew a great deal about the topic, I still came away with new information for use in my practice, including a great specification detail incorporating multiple root growth inhibitor practices that may reduce sidewalk damage due to roots.

In the past month, I’ve been able to continue my consulting practice from my home office. I’ll continue to utilize more online media tools, whether for learning, conducting site inspection work, and client meetings. I believe these new opportunities are one of the (few) beneficial results from the Covid-19 virus.

I recently provided a client with a proposal to develop landscape maintenance specifications for commercial properties located in several different climatic regions. The proposal did not include any site visits. All data collection would occur online through various means. Using online data collection versus conducting multiple site visits saved the client thousands of dollars.

I’m looking forward to these new opportunities utilizing online media sources as potential replacement for physical presence. Hopefully it will prove an efficient, effective, cost saving technique without sacrificing product accuracy.

Online Site Inspections with Corona Virus: A New Paradigm?

Posted on April 24, 2020 by landscapeexpert

The corona virus and resulting stay at home order has prevented me from scheduling or attending site inspections. I require site inspection for most forms of consulting work, including as a consulting arborist or expert witness.

Tree failures, health and risk assessment
Tree inventories
Tree and nursery appraisals
Tree roots and infrastructure damage.
Landscape appurtenances creating trip and fall hazard.
Obscured landscape hazards, grade changes
Irrigation operation, maintenance issues

A client wanted me to attend and observe asphalt paving taking place adjacent to an 80 year old Torrey Pine. I had previously consulted on preserving this tree during construction on an adjacent property. The client was repaving his driveway on the alley, the pine is right on the edge of the paving.

Due to California stay at home orders, I informed the client I could not be present to observe the paving to make recommendations, so we used the Facetime app and did an online site observation whereby I watched in real time as the work was being performed. I was able to give the client recommendations in real time.

Moistened towel protect surface roots

He was concerned about root damage, and rightly so. Some of large buttress roots would be impacted by the paving. Instead of cutting, I recommended covering the roots with wet towels, fabric etc, then placing moistened sand base, then pave over the roots.

Moistened sand placed over protected roots

As terrible as it is, the corona virus has created many new ways for industries to re-invent how they do their business. This was the first time I have attempted on online site inspection and it worked! This may not be applicable for the types of investigations I perform, but there is a great new tool I can use for certain types of investigations during stay at home and even beyond.

Asphalt paving over protected roots

The financial savings for the client are obvious. Travel costs for me to travel to Los Angeles, Orange or Inland Empire typically range from $500 to $1000 or more if hotel stay is required.

Not all inspections can be performed remotely. Forensic investigations that require measurements, excavations, sampling, testing etc may not be applicable.

Since this is new to me, it will take some real time client cases for me to determine how and when I can utilize this new tool.

RDCS LLC Hired as Consulting Arborist by PCL Construction for UCSD Triton Pavilion Project

Posted on August 26, 2019 by landscapeexpert

PCL Construction, is the general contractor managing the Triton Pavilion project at UC San Diego. PCL Triton Pavilion. The Triton Pavilion project includes developing a new, large student center and be a future major stop for the San Diego trolley Blue Line. The trolley Blue line expansion to be completed in 2021 will connect downtown San Diego to University City. Union Tribune Article

To determine how to manage existing campus trees in conflict with future construction, PCL hired Rappoport Development Consulting Services LLC as a sub-consultant providing arboricultural consulting services. Mr. Jeremy Rappoport, President of RDCS, will assess and tag all the project trees and develop a tree inventory. The inventory will identify the tree, trunk diameter, crown height, quantity, structure and health condition. These metrics will assist in determining tree retention, protection, and relocation.

RDCS founder Jeremy Rappoport is an ISA certified arborist, tree risk assessor qualified, ASCA Registered Consulting Arborist (RCS #564), C-27 California Landscape Contractor #436000 and a professional horticulturist. RDCS LLC provides arboriculture, landscape, horticulture and land development consulting services for civil engineers, landscape architects, prime contractors, municipalities, HOA’s, commercial and residential property owners and expert witness litigation and support services for plaintiff and defendant attorneys and insurers.

The Benefits of the ANSI A300 Tree Care Standards for Tree Related Lawsuits

Posted on January 18, 2018 by landscapeexpert

Guy + Chainsaw – Tree = Potential Lawsuit vs
ANSI A300 Tree Care Performance Standards

Does he know what he is doing?

Background

Tree care professionals contracting for services are frequently members of the Tree Care Industry Association, (TCIA). The International Society of Arboriculture, (ISA), administers various types of arborist certification programs, including certified arborist or certified tree worker climber. The American Society of Consulting Arborist offers arborists training and testing to become a registered consulting arborist, (RCA). These associations provide industry standards and best management practices for members to adopt into in their own practice.

Personal protective clothing, ropes, saddle etc.

In California, C-27 landscape contractors and D-49 tree service contractors are licensed by the state, both can legally perform tree care service. Prior to 1991, various industry associations, contractors and practitioners followed their own standards for tree care.

The industry recognized the need for a standardized, scientific approach and agreed to develop an official American National Standard, resulting in the American National Standards Institute (ANSI) A300 Tree Shrub, and Other Woody Plant Management Operations – Standard Practices.

They are voluntary industry consensus standards developed by TCIA and written by the Accredited Standards Committee (ASC) A300, whose mission is to develop consensus performance standards based on current research and sound practices for writing specifications to manage trees, shrubs, and other woody plants.

The ISA and ASCA are members of the ASC and their member practices should conform to the ANSI A300 tree care performance standards. The standards “apply to professionals who provide for, or supervise the management of trees, shrubs, and other woodsy landscape plants. Intended users include businesses, government agencies, property owners, property managers and utilities.” Many municipalities have adopted the ANSI A300 performance standards as part of their tree and landscape maintenance ordinance. The A300 standards are separated into 10 parts based on the tree care practice.

ANSI A300 Performance Standards for Legal Conflict Support

Arboriculture professionals adhere to the ANSI A300 performance standards for developing specifications for tree care. Gardeners, landscapers, designers, and handy men are not certified arborists and rarely have knowledge of industry standards. Even licensed landscape architects, civil engineers, general and landscape contractors may not be familiar with or have knowledge of the A300 standards. Ignorance of the standards is not a legal excuse for violating or ingnoring the standards.

The standards are separated into ten different parts. Through case experience, I have found three of the ANSI A300 standards applicable for plaintiff or defendant tree related legal actions. In conflicts I’ve been involved with, the civil engineer, landscape architects, general contractor, landscape and sub-contractors and even licensed tree care companies were not aware of the A300 standards. In some instances, industry professionals were aware of the standards but failed to adhere to the them.

Without proper planning and management, construction and development projects adjacent to existing trees commonly damage tree roots, trunks and limbs, increasing the risk of a potential tree failure and resultant lawsuit. ANSI A300 (Part 5) Standard Practices (Management of Trees and Shrubs During Site Planning, Site Development, and Construction) is the recognized industry standard for managing trees during construction and is the focus of this discussion.

The A300 Part 5 Performance Standard is intended for use for industry professionals, including all levels of government agencies, private entities including commercial, industrial and residential property owners and managers, engineers, architects and utilities for developing written specifications. The standards apply to any person or entity engaged in the management of trees, shrubs or other woody plants.

ANSI A300 Part 5 standard

Without specifications for tree protection during construction and development, tree injuries occur. Depending on the severity of the injury, the defect may degrade the structural integrity of the tree. Over time, the injury may continue to decay, increasing the risk of failure and resultant damage to people and or property. The reason for the standard is to assess the level of risk and to provide information for risk mitigation.

Civil engineers, landscape architects and other professionals responsible for developing plans and specifications should be aware of the A300 standards. These professionals may not have the tree knowledge expertise, which is why the standard refers professionals to use a certified arborist qualified in tree management during site planning, development and construction.

The standard discusses implementation procedures that should be designed by a professional arborist including:
• Tree management plans in compliance with applicable ordinances and standards.
• Decision making should be based on the knowledge of health and safety of the tree resources present.
• Prime consultant and contractor should involve the arborist in the initial planning phases.
• Arborist site monitoring during construction should be specified to ensure compliance with plan requirement.
• Monitoring specifications should address demolition, grading, vertical construction, walks and pathways, playgrounds, excavations, trenching, drainage systems, and landscape.

For safety, the standard requires only arborists familiar with the standards, practices and hazards of arboriculture shall perform tree management. One of the objectives of the standard it to avoid damaging trees during construction; including damage caused by physical contact, grade changes and soil compaction. To achieve the defined objectives on any project, the arborist should be involved in the management of trees during all five phases of development including:
• Planning
• Design
• Pre-construction
• Construction
• Post-construction

Development and construction projects are complex, requiring planning and coordination among project shareholders. The prime consultant and or contractor should maintain arborist involvement throughout the various phases of the project in conjunction with the arborist developing specifications, resource assessment, conservation plans, monitoring and recommendations. The TCIA website has an exhibit of a Tree management plan flow chart defining what should occur during the development phases, arborist responsibility and development activity.

How the A300 Standard Applies in a Legal Context

The standard applies to all design and planning professionals such as civil engineers and landscape architects. These firms usually work as prime consultants and are responsible for producing the plans and specifications for development projects. They are responsible for knowing and adhering to the A300 performance standards. The same applies to prime contractors and their sub-contractors, and other project stakeholders.

Failing adherence to the A300 standards renders prime consultant(s), general and sub-consultants potentially liable if a tree related accident occurs. I used the A300 standard in a case involving a tree limb that fell from a tree onto an adjacent tot-lot.

A city decided to build a park within a former old growth forest. A civil engineer and landscape architect developed plans and specifications, including a grading plan with notes and a detail for tree protection. The general contractor, grading, and recreation equipment sub-contractors constructed the park. The design included a tot-lot with children play equipment built where trees were removed, with old, construction damaged trees remaining left intact at the edge of the tot-lot.

A few days after the park opened, a tree limb dropped onto the tot-lot, striking and killing a young child seated on a piece of play equipment. The parents sued the city, the design consultants and all the contractors because the defendants did not observe the city tree ordinance. The city ordinance adopted the A300 tree care standards as part of their tree ordinance, which the defendants ignored, arguing the standard did not apply to their trade(s). After extensive deposition testimony, using the standards in support of the Plaintiffs (parents of the deceased child), all the defendants settled rather than proceeding with a trial.

In another case, a property owner agreed to allow a guy to prune a tree. The guy claimed to have forestry experience. He had a rope tied around a limb that he cut just as a neighbor walked out of their house. The limb dropped, rebounded at the end of the rope causing it to swing and strike the neighbor in the face. In the resulting lawsuit, the A300 standards were used to support the plaintiff complaint with a resultant settlement from the insurer.

The A300 standards apply to tree care companies, certified and consulting arborists. Different standards may apply depending on the case. For example, A300 (Part 9), Tree Risk Assessment A. Tree Failure, provides performance standards for tree risk assessment and guidelines for establishing written specification and best management practices, (BMP).

As a certified and registered consulting arborist, tree risk assessment inspections and reports are consulting services I provide, I’ve incorporated this and other standards into my practice. Tree care contractors might find other standards, such A300 (Part 1) Pruning, Part 5 (previously discussed) and Part 9 particularly applicable to their business.

In conclusion, the ANSI A300 Tree, Shrub, and Other Woody Plant Management Performance Standards are a powerful tool that may benefit a plaintiff or defendant involved in a tree related accident. The standards are broad reaching in scope and application to a wide variety of construction and development professionals. Attorneys and insures should consider the potential application of A300 performance standards in tree related cases.

Landscape and Tree Contractors, Minimize Lawsuits, Understand Your Duty of Care!

Posted on March 2, 2015 by landscapeexpert

If you are a landscape or tree care contractor, you should be aware of the potential liability you face by an unhappy client. This awareness begins when you understand your “duty of care” as a landscape or tree care professional.

What is “duty of care”? It is a very important legal concept that simply stated means a person or organization has the legal obligation to avoid acts or omissions that could harm others. The duty of care extends to your actions or lack of action that would cause harm to your client or their property, perhaps even extending to adjacent properties and utilities.

Licensed contractors should understand their client hired them for their expertise and professionalism. The client is reliant upon the contractor to provide a product and service that conforms to industry standards. It is incumbent upon the contractor to satisfy all contractual obligations and satisfy the industry standard of care, or face a possible lawsuit.

If you are a landscape, maintenance or tree contractor interested in learning how to minimize you legal exposure and reduce your liability, please read the full article at:

Reduce Liability by Understanding Your Duty of Care

RDCS LLC Hired for City of San Diego North Torrey Pines Roadway and Median Enhancement Project

Posted on May 14, 2014 by landscapeexpert

Rappoport Development Consulting Services LLC has been hired by the City of San Diego to provide certified arborist consulting services for the North Torrey Pines Road Median and Street Enhancement project. Estrada Land Planning Inc., the project landscape architectural firm, has sub-contracted with RDCS LLC to implement tree protection plans, including tree monitoring, and best management practices. Tree protection plans and best management practices (BMP’s), are designed to minimize construction impacts to the existing median and parkway street trees.

The project encompasses approximately 1.5 miles of construction work along North Torrey Pines Road, adjacent to the Torrey Pines Golf Course. The scope includes street improvements (curb, gutter, guardrail, sidewalk, drainage) as well as landscape and irrigation within the medians and parkways. Palm Engineering is the General Contractor for the project.

Eucalyptus line the median planter of N.Torrey Pines Rd.

Within the project boundaries, north and southbound traffic is separated by a median, varying in width from approximately 3 to 20-feet. The current median landscape consists of moderate to large size Eucalyptus trees with no other understory planting. Previously, RDCS LLC was hired as a certified arborist sub-consultant by Estrada Land Planning to develop a tree inventory for a sensitive portion of the project.

The inventory included tree health and when needed, tree risk assessment to determine if certain tree defects created hazardous safety conditions warranting removal.

Trunk cavity in Eucalyptus

The trees inventoried were primarily Eucalyptus cladocalyx, commonly known as the sugar gum. Smaller caliper trees ranged in age from 20 to 30 years old, while larger trees possibly up to 100 years old. The existing Eucalyptus median trees have grown and acclimated to the site conditions, under non-irrigated conditions. Preparing the trees to survive through the construction process is extremely important. The three parts of the tree requiring protection include the tree crown, tree trunk and tree roots.

Jeremy Rappoport, President of RDCS stated,

Aerial crown pruning to clean out deadwood

“We knew we would encounter tree roots throughout the median, our goal was to minimize root conflicts and environmental stresses to the trees.” Therefore, tree protection best management practices included aerial canopy pruning to remove deadwood from each tree crown, installing construction fencing to protect tree trunks and hand trenching and root pruning to minimize roots conflicting with street improvements.

The concept of root pruning is to trench and locate conflicting roots and hand cut them rather than having a piece of grading equipment ripe or tear the root out of the ground. Hand trenching and root pruning reduces the shock and destruction of small absorbing root hairs caused when heavy equipment rips, tears or cuts roots. Properly implemented, root pruning is an effective arboricultural technique to reduce construction impacts to tree root systems.

Best management practices also include reducing soil compaction by minimizing construction traffic and not allowing staging or parking equipment underneath tree canopies. Although the site is not irrigated, recommendations for weekly construction watering were implemented to help the trees cope with the stresses caused by the construction work.

RDCS will provide consulting services whenever construction work endangers the existing trees. Rappoport stated “We were told to be on call for monitoring services during certain phases of the street improvements and trenching. We have completed the first phase of canopy pruning and expect to provide root pruning on certain trees in the near future”.

Rappoport Development Consulting Services LLC provides certified arborist consulting services for infrastructure projects. Certified arborist-consulting services include tree inventories, tree monitoring, tree construction protection plans and best management practices, tree risk assessment, tree health assessment, tree and landscape appraisal services. Mr. Rappoport is an International Society of Arboriculture certified arborist and certified tree risk assessor, a C-27 California Landscape Contractor and a professional horticulturist. For decades, Mr. Rappoport worked for public and private master sub-division builders as a landscape and grading superintendent, manager and director of land development. More information is available at https://landscapeexpertwitness.com/.

Click to see aerial pruning here Euc Pruning