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Hazard Trees and Limbs on Public Property and Governmental Immunity A Legal Perspective of Community Tree-risk Management What is a “hazard tree? A hazard tree is a tree with a defect, plus a target. An example is a rotten tree (a hazard) near a picnic table (the target). Trees with obvious defects can become problems, because they are likely to fail and cause property damage or human injury. Obvious tree defects include a dead tree limb, the unseasonable lack of leaves, visible decay, a hole or crack in the trunk, or a tree leaning dangerously to one side.1 What does “duty to use reasonable care” mean? Every landowner has a duty to use reasonable care to manage his/her property in a way that does not cause harm to others or their property. Using reasonable care means to consider the foreseeable risks. With respect to trees, the duty is to make sure that unsound or “hazard” trees on one’s property do not fall onto adjoining property or into public rights- of-way. For municipalities, the duty encompasses at least a duty to make periodic visual inspections of trees on public property. The inspections should be done by qualified people, e.g., certified tree inspectors. There is also a duty to eliminate obvious dangers and do preventive maintenance. The municipality may be held liable for foreseeable harm that could have been prevented. In a Minnesota court case, a 10-year-old boy ran across a grassy area on Ramsey County land towards his father’s car and was struck in the eye by a low-hanging branch. None of the branches extended over sidewalks or paths. The boy took a shortcut across the lawn, instead of using the sidewalk. The grounds superintendent testified that he never anticipated that the tree would pose a safety risk, because it was not near a sidewalk. In this case, the court ruled that Ramsey County was not negligent. The tree was in plain view, and the County had no notice that the tree posed an unreasonable risk to the public. The duty to use reasonable care does not extend to cases where the risk of harm is known or obvious to the visitor. The risk of harm from running into a tree branch is obvious, even to a child. The county was not obligated to make its landscapes “child-proof.”2 What is a municipality’s tree inspector expected to know about hazard trees? Certified tree inspectors should be trained to identify hazard trees and certain types of tree diseases. In order to maintain their certification, they must have refresher courses. At a minimum, a tree inspector’s duty to inspect includes the ability to identify obvious tree defects. If the tree inspector finds a defect, s/he should follow the municipality’s policy about addressing hazard trees. 1 For photographic examples of hazard trees, please see the U.S.D.A. Forest Service’s Hazard Tree web page: http://www.na.fs.fed.us/spfo/hazard/index.htm. 2 Sperr v. Ramsey County, 429 N.W.2d 315 (Minn. App. 1988). [Hazard Trees and Limbs on Public Property and Governmental Immunity]