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Bending an oak tree
On Sun, 29 Jul 2007 13:50:25 -0700, Sheldon wrote:
Treedweller wrote: Tom wrote: I did not personally trim the tree, a tree trimming service did it recently. Hire a consulting arborist and sue for your money back plus damages. Sue for what damages? It's a tree trimming service (not a miracle worker) that was obviously hired to trim the tree AFTER the tree became "deformed" (what's a perfect tree anyway). The tree trimming service did in fact trim the tree, and the customer (Tom) paid them, obviously Tom was satisfied that the trimmer trimmed as per agreement. There were no guarantees... the most honored, most famous arborist in the world can't make any guarantees... lightening can strike that tree the very next minute. Sue for what damages, the tree didn't fall on the house during the trimming, there are no damages. Btw, even from those pictures, anyone can plainly tell that tree is too tall for that space, it needs removal before it falls on the neighbor's property, then you can bet your bipee there will be suing, actually Tom's bipee and only Tom's bipee will be liable. If Tom values his bipee he'll have that tree removed, pronto. The pruning that was done did not meet current industry standards, as explained in the earlier message. Too much living tissue was removed from the wrong places and the cuts were made improperly. None of that had anything to do with the lean of the tree (though if they knew what they were doing they either would have corrected the problem or explained why the tree was beyond saving once they climbed and inspected it). As for "too tall," trees of certain species get tall. They are designed that way and they do it just fine, until people decide to muck it all up and ruin their inherent strength by either overpruning or topping. This tree was suspect because of the wind damage, but once the "tree trimming service" got through with it, it was quite definitely destroyed. And, as for liability, once someone claiming to be a professional arborist came out, did the job, and did not condemn the tree (I'm guessing based on Tom's OP), they took on a good bit of the liability for the tree and any future failure that may occur. It's true that there are no guarantees, but in this case there are clear indications of potential hazard that a professional arborist should be trained to recognize. That should be one of the primary reasons for hiring a professional. In this case, they dropped the ball and even made the situation worse. A valuable asset was taken from the OP (albeit in a slow-motion, tree-time sort of way) and he should demand compensation. Keith Babberney ISA Certified Arborist #TX-0236AT |
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