Determining Standard of Care Issues in Landscape Construction

What can go wrong at a landscape construction job? A broken irrigation mainline floods a construction site, leading to a lawsuit. Tree roots grow through an improperly installed root barrier, lifting a portion of adjacent sidewalk, resulting in an injury and lawsuit. Shrubs in a median strip supposedly obstruct the vision of a driver making a left turn, resulting in a vehicular fatality. A slope failure several years ago is blamed on uphill property owners for improper maintenance resulting in a lawsuit. A tree in a city open space crashes through an adjacent residence, causing extensive damage and a lawsuit. A homeowner who contracts for a $150k project encounters $100K in additional extras resulting in a lawsuit. These are just a few examples of cases I have served as a landscape or horticulture expert witness consultant. The common thread in all cases is whether the standard of care was satisfied or was the person or contractor negligent? Click here to read the full article

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