Would you do it?

[Mesterh]

I agree with Skyhuck.

 

If balancing or should I say unbalancing was a liability issue I would be liable for 1000's of trees that I have also pruned during power line clearing.

 

As far as I know the utility companies dont have to sign or get disclaimers and the H&S has gone a bit ott from what I hear.

[Amelanchier]

Regarding the caveat / disclaimer thing - I'm not sure this would carry any weight... You can't sign away your duty of care even if the customer agrees. Negligence is negligence.

 

This is the same issue as you'll see in car parks - items left at owners risk etc. Not true, the car park managers (or tree workers) have a duty of care towards the users of the site and their possessions (or trees). This obviously relates to foreseeable events that it is reasonable to prevent (e.g., it's not reasonable to expect 24 hr armed response units for car thieves or ninja valets, but appropriate lighting and no broken bottles is).

 

It might be argued that subsquent limb failure can be expected to be more likely after the proposed work.

[ad15]

Regarding the caveat / disclaimer thing - I'm not sure this would carry any weight... You can't sign away your duty of care even if the customer agrees. Negligence is negligence.

 

This is the same issue as you'll see in car parks - items left at owners risk etc. Not true, the car park managers (or tree workers) have a duty of care towards the users of the site and their possessions (or trees). This obviously relates to foreseeable events that it is reasonable to prevent (e.g., it's not reasonable to expect 24 hr armed response units for car thieves or ninja valets, but appropriate lighting and no broken bottles is).

 

It might be argued that subsquent limb failure can be expected to be more likely after the proposed work.

 

 

i'm not saying sign away your duty of care, i'm saying that you have written proof that you have explained to the customer you are not in agreement with what they want you to do, your professional opinion is to fell and replace..

 

and I'm not saying this as someone who knows some one whos done it,, it is company practice at the country's largest snowsport retailer,, it covers their backside and i've seen it stand up in court,, 1st hand..

 

it is not negligence,,, in fact it is quite the opposite..

[Dean Lofthouse]

I agree with Skyhuck.

 

If balancing or should I say unbalancing was a liability issue I would be liable for 1000's of trees that I have also pruned during power line clearing.

 

As far as I know the utility companies dont have to sign or get disclaimers and the H&S has gone a bit ott from what I hear.

 

You mis-understand, its not about balance, it is about creating a large wound and consequently a pocket of rot, which then, in time creates a weak attachment point for the other two limbs.

 

Tree work previosly was not very well documented, but we increasingly leave paper trails and therefore more liable to be traced in the event of a claim in time to come

[skyhuck]

You mis-understand, its not about balance, it is about creating a large wound and consequently a pocket of rot, which then, in time creates a weak attachment point for the other two limbs.

 

Tree work previosly was not very well documented, but we increasingly leave paper trails and therefore more liable to be traced in the event of a claim in time to come

 

I don't

[Tony Croft aka hamadryad]

So CAVEAT, that it is a pollard and as such needs to be re done on a five annual basis

[Doug Blease]

A lift and thin is NOT the right thing for this tree! it wont achieve the objectives, and lifting will push the already high carb production even higher, leaving the poor root flare with little to nourish its increasing need to adapt and put on mass according to the axiom.

 

A thin will just not last, a reduction would be better.

 

micks been backed into a corner and is facing a client who refuses to be told.

 

hes gotten good advice in my view, and thin and lift isnt it, sorry IMO "QUOTE"

 

 

But a reduction will not achieve much light into the garden. Only light around the circumference of the crown.

 

A Pollard will allow maximum light into the garden for a period of time, but that wont last either. In fact may stimulate vigorous growth requiring extensive work in the future with weak unions.

 

I agree with the lift comment, i did only suggest a slight lift for aesthetic reasons.

[Dean Lofthouse]

So CAVEAT, that it is a pollard and as such needs to be re done on a five annual basis

 

Lets be realistic Tony, how many actually give a toss enough to care about the tree, most are only interested in money in their pocket.

 

I know if I were a customer that had had a tree pruned 10 years previous and the tree shed a limb form or around the old pruning wound I would point my finger straight at the so called professional Tree Cutter should Mr Where's there's blame came knocking at my door

[Mesterh]

You mis-understand, its not about balance, it is about creating a large wound and consequently a pocket of rot, which then, in time creates a weak attachment point for the other two limbs.

 

Tree work previosly was not very well documented, but we increasingly leave paper trails and therefore more liable to be traced in the event of a claim in time to come

 

Arr right fair enough, there was a bit of talk about balancing so thats why I just mentioned it.

 

I would probably also be liable for 1000's of trees having rotten wounds too.

 

 

In relation to trees this means that the householders/ landowner should check their trees for obvious safety problems regularly and have them professionally inspected from time to time. Any defects required to make the trees safe should be dealt with quickly. In addition, it would be prudent to check trees after severe storms.

 

That quote comes from the duty of care that tree owners have to comply with.

 

I take it that no matter what we do the tree owner still has to get the tree checked for defects that may result from our previous work.

 

So as long as its safe when we have finished from then on its the tree owners duty to maintain that safety.

 

Get out of jail card I reckon.

 

Well thats the way I see it, I have enough to worry about never mind someone else's tree that I pruned 5 years ago.

[Dean Lofthouse]

Get out of jail card I reckon.

 

.

 

I wouldn't bet on it..

 

You are professional and should know better..

 

You would have to have it in the terms and conditions on the back of your paperwork as a verbal warning to your customer is hard to prove