# Who's responsible?



## fastbub (Apr 10, 2008)

Just wondering how you guys deal with customers who don't want to go along with your recommendations for budget or other reasons but you see the potential in the future for a hazard.

Example: Customer has large lead leaning over neighbor's house with many low branches over the neighbors whirlpool, patio and house. Not wanting to pay for a full removal or removing the large lead, the asked me to remove the large branches off of this leader that were over the neighbors house. This greatly reduced the load on it but I feel that the tree is in poor shape.There is no sign of cracking at its origin but it is shooting out suckers all over the place and some of it sounds hollow. It is not going to fall over tomorrow but someday.....

So I did as asked and wrote a strongly worded caution on both the invoice and the contract that removal was recommended and declined as was a cable which would be a mitigation strategy at BEST given my feeling about the integrity of the wood. 

Who's problem is it? 

I try to give the best recommendation I can but if I didn't do what customers wanted I wouldn't have very much business!


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## lxt (Apr 11, 2008)

You warned him of the hazard & suggested a course of action!! His failure to "ACT" puts fault on him, which can also be considered negligence on his part.

You did the right thing, now he has too!!


LXT...........


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## arbor pro (Apr 11, 2008)

You got it in writing, that's what counts. So long as you didn't knowingly worsen the condition of the tree and acted in the best interest of the homeowner, you did all you could do. Had you neglected to properly diagnose the situation and failed to put your diagnosis in writing, then you could possibly be liable should the tree fail. I think you're ok with what you did.


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## squad143 (Apr 12, 2008)

IMO it is the customers responsibility now. What more can you do?


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## BlueRidgeMark (Apr 12, 2008)

Speaking only as a homeowner, if someone sued you and I were on the jury, I'd look at that written warning and say you'd done your job and were in the clear.

But then, we know about juries these days, don't we? 

But what else could you possibly do? It's his tree, not yours.


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## Slvrmple72 (Apr 13, 2008)

On a related note do I have a responsibility to notify the neighbors in a matter like this where the risk of the tree's condition will directly affect them/ their property or would I be stepping out of bounds?


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## John464 (Apr 13, 2008)

As a certified arborist you are to make note on the estimate, bill, in writing. Something like this "Brought to customer's attention of the large oak leaning towards neighbor's house that is in a hazardous decline towards property targets. Customer instructed only the work described above to be performed. Further treatment is recommended." Long as you CYA you should be OK


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## squad143 (Apr 13, 2008)

Slvrmple72 said:


> On a related note do I have a responsibility to notify the neighbors in a matter like this where the risk of the tree's condition will directly affect them/ their property or would I be stepping out of bounds?



Where do you stop? Post a sign warning anyone who may walk near that tree? Personally stand on guard? 
I understand that you are concerned that this tree is going to potentially fall and possibly hurt someone. I think you have covered yourself legally. If it is a moral issue now, offer to remove the tree for free and you'll be able to sleep at night.


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