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What about the second part of the Good Samaritan law that requires people to give assistance in emergency situations? Everyone in Minnesota has an obligation to give reasonable assistance at the scene of an emergency, regardless of background or employment status. An emergency is defined as a “situation which has suddenly and unexpectedly arisen and which requires speedy action.”5 The suddenness or unexpectedness of a situation makes it an emergency. There are no Minnesota appellate court cases dealing with the applicability of the Good Samaritan law to tree emergencies. So, there is no binding legal authority on this subject. But a likely scenario for a tree emergency would be a tree that falls suddenly and injures someone. Any passerby would have an obligation to try to give assistance in that situation. The Good Samaritan law applies to present or existing emergencies, not future emergencies, according to the Minnesota Appellate Court.6 The scenario above about the tree that suddenly fell is a present or existing emergency. Trees with defects or other problems are risks that should be properly managed, but they are not existing emergencies, unless a tree’s failure is imminent. Arborists are no more expected to be able to predict emergencies than anyone else. If you come upon a genuine emergency (involving trees or otherwise), render assistance, as required by law. If you come upon a tree that could fail some time in the future but hasn’t yet failed, don’t panic. You are not legally obligated to act to protect another person from a potential danger, unless you have a special relationship with the other person.7 A “special relationship” exists between an innkeeper and a guest, a bus company and a passenger, a hospital and a patient, etc. In those situations, the person in need of protection is vulnerable or dependent. A business/customer relationship is not a special relationship.8 Although you have no legal obligation to correct every tree problem you observe, your conscience will probably prompt you to report a dangerous tree to the property owner or appropriate governmental agency. You will feel better knowing that you have done what you could to protect the public by putting the tree owner on notice of the problem. You do not have the right to enter a person’s property and cut down a hazardous limb or a tree without permission, even if your intent is to do a good deed by fixing a tree defect. Entering a person’s property without permission is trespass. Cutting down a tree without the tree owner’s permission carries a stiff penalty. A state law provides that whoever intentionally cuts down a tree without the owner’s permission can be assessed three times (“treble”) the amount of damages awarded in court.9 Bottom line: Rely on your professional training, good judgment, and common sense. You were trained to be a tree-care specialist, not a guardian angel. Disclaimer: The information included in this fact sheet is intended to be educational, not legal advice. If you have a legal problem and require legal advice, you should consult a lawyer. 5 Id., 486 N.W.2d at 9. 6 Johnson v. Thompson Motors of Wykoff, Inc., No. C1-99-666 (Minn.. Ct. App. Feb. 2, 2000) 7 Donaldson v. Young Women’s Christian Ass’n, 539 N.W.2d 789, 792 (Minn. 1995). 8 Erickson v. Curtis Inv. Co., 447 NW.2d 164, 168 (Minn. 1989). 9 Minn. Stat. §561.04. [Knowing Too Much: Does your advanced tree-care training make you a 24/7 Good Samaritan?]