Hypothetically.. whos liable?

[Suffolk-Matt]

Was just thinking about a job i quoted a few weeks ago.

 

keeping it simple -

 

Client notice's TPO tree has developed lean after the recent winds.

 

Calls me and I go and look, lean is over a public right of way but traffic maybe limited to 20 cars per day.

 

I take some notes and photos and email the TO directly to ask if a formal application is needed or if he can make an exemption based on the lean to fell.

 

canopy is ALL on the side of the lean and tree is on a steep bank ( tree leaning down bank).

 

He inspects and decides that due to no root heave or signs of subsidence, the fell cannot be an exception BUT did say it may be prudent to put in a formal application for a CR.

 

Price wise the job would of come to about the same and as such the clients not interested in a CR.

 

Soo.... say it came down next week onto a car for example would there be any liability? if so to whom?

[swinny]

sorry im tired etc... cr? whats that?

[Ian Leach]

Crown reduction

 

Sent from my HTC One X using Arbtalk mobile app

[easy-lift guy]

Reads like your TO was the last to render an official opinion. The client has to make up his mind. I would say that if an accident does occure and the client did nothing to reasonably prevent said accident he would be at fault. At least I believe that is how it would play out over here based on your story line.

easy-lift guy

[skyhuck]

The client could be liable, they have recognised a hazard, but failed to mitigate it.

[treequip]

Your liability ends with whatever advice you gave, no mater what the tree officer said.

 

Your advice to your client should be your opinion and not what the tree officer said

 

If you are at all concerned put an app in for a fell, if they pass it all good, if they decline it that's you at appeal or out of the loop if the client doesn't want to appeal.

[swinny]

Crown reduction

 

Sent from my HTC One X using Arbtalk mobile app

 

haha oops.... long day. walk dog n bed for me

[Suffolk-Matt]

Hmm, OK client doesnt like said tree anyhow. I didnt "advise" a fell, he asked weather it would be allowed so I quoted for the job and once he accepted I got in contact with the TO.

 

When TO visited the house I wasnt present, but the client was.

 

TO emailed me back with the information.

 

I then simply called the client asking whether a CR was acceptable but i didnt give any opinions as to what i think should be done.

[easy-lift guy]

Hmm, OK client doesnt like said tree anyhow. I didnt "advise" a fell, he asked weather it would be allowed so I quoted for the job and once he accepted I got in contact with the TO.

 

When TO visited the house I wasnt present, but the client was.

 

TO emailed me back with the information.

 

I then simply called the client asking whether a CR was acceptable but i didnt give any opinions as to what i think should be done.

 

Reads like you covered your self, other opinions vary.

easy-lift guy

[daltontrees]

I must ask first whether you are professionally qualified and whether your client would expect you, through your behaviour, advertising, correspondence, discussions etc. to be in a position to advise him about the tree? I mean whether paid or not? Were you there just to price the work? If not, you may have some residual liability thaat you ought to tidy up ASAP.