When Trees Become Legal Liabilities
Los Angeles is filled with iconic trees—towering palms along Wilshire Boulevard, sprawling oaks shading hillside homes, and sycamores lining neighborhood streets. These trees contribute beauty and value, but they can also create disputes when limbs break, trunks fall, or roots cause structural damage.
One of the most common legal questions we encounter at Evergreen Arborist Consultants is: “If a tree causes damage, who is responsible?”
The answer depends on tree ownership, maintenance history, local ordinances, and the circumstances of the incident. This post explores liability in tree damage cases, the role of arborist investigations, and common legal scenarios in Los Angeles, supported by hypothetical case examples.
Common Types of Tree-Related Property Damage
- Falling Limbs – Large branches can crush roofs, cars, or fences.
- Tree Failures – Entire trees may topple during storms, especially if roots are compromised.
- Root Intrusion – Roots can lift sidewalks, crack foundations, or damage underground utilities.
- Construction Impacts – Nearby development can destabilize tree roots, leading to future failure.
Legal Principles of Liability in California
1. Negligence Standard
Under California law, tree owners must maintain trees in a reasonably safe condition. If damage occurs because of neglect—such as failing to address visible decay or ignoring prior warnings—the owner may be liable.
2.“Act of God” Defense
If damage occurs solely due to an extraordinary natural event (such as an extreme windstorm), the tree owner may not be held responsible. Courts distinguish between unforeseeable natural disasters and preventable failures caused by neglect.
3. Neighbor Disputes
- Property owners may trim branches or roots that cross their property line (the “self-help rule”), but they must do so without harming the tree.
- If trimming causes destabilization or death, liability may shift to the person who cut the tree.
4. Municipal vs. Private Responsibility
- If a city-planted street tree damages private property, liability may rest with the municipality—but claims must follow city procedures and often require expert documentation.
- Private owners are responsible for trees growing on their land, even if damage extends to a neighbor’s property.
5. Protected Tree Ordinances in Los Angeles
The Protected Tree Ordinance (Ord. No. 186,873) requires permits to remove or significantly damage certain native species (coast live oak, sycamore, bay laurel, and black walnut). Liability questions can be complicated when a protected tree is involved, making expert reports essential.
The Role of an Arborist in Damage Assessment
At Evergreen Arborist Consultants, our role in property damage cases typically includes:
- Inspection – On-site evaluation of the tree’s health, structure, and maintenance history.
- Causation Analysis – Determining whether the tree was the actual source of the damage.
- Documentation – Written reports with photographs, diagrams, and ordinance references.
- Expert Testimony – Explaining findings in depositions, mediations, or trials.
Hypothetical Case Example 1: Storm Damage in the San Fernando Valley
A strong storm causes a large pine to fall onto a neighbor’s garage. The tree owner argues it was an “Act of God.” Our arborist inspection finds:
- The tree had visible decay and prior failures.
- Evidence of poor maintenance over many years.
- Failure was foreseeable and preventable.
Outcome(hypothetical): Liability rests with the tree owner due to neglect.
Hypothetical Case Example 2: Sidewalk Damage in Santa Monica
A homeowner is sued by a neighbor for sidewalk damage caused by tree roots. Our investigation shows:
- The tree in question is a city-planted ficus.
- Responsibility falls under municipal maintenance obligations, not the homeowner.
Outcome(hypothetical): Liability shifts from the homeowner to the city.
Hypothetical Case Example 3: Hillside Tree and Neighbor Dispute in Glendale
Two neighbors dispute a large sycamore growing on the property line. Roots have cracked a retaining wall. After investigation, we determine:
- The tree straddles both properties.
- Both owners share responsibility under California law.
- The cost of mitigation is proportionally divided.
Outcome(hypothetical): Joint responsibility established, preventing one neighbor from bearing the full burden.
Why Tree Damage Cases Often Require Expert Testimony
Tree damage disputes frequently escalate to litigation because:
- High property values make damages significant.
- Ambiguity of ownership creates conflict.
- Insurance coverage disputes arise when carriers deny claims.
- Ordinance violations complicate removal or repair solutions.
An expert arborist provides objective analysis that judges, juries, and insurers can rely on.
Preventative Steps for Property Owners
- Regular Inspections – Have large or mature trees inspected periodically by a Certified or Registered Consulting Arborist.
- Document Maintenance – Keep records of pruning, treatments, and inspections.
- Address Warning Signs – Dead branches, cracks, leaning, or root lifting should be evaluated immediately.
- Check Ordinances – Before pruning or removing, verify whether city permits are required.
FAQs
If my neighbor’s tree damages my property, who pays?
Generally, the tree owner may be liable if negligence can be shown. If the failure was unforeseeable, liability may not apply.
Can I force my neighbor to remove a hazardous tree?
You can request removal and, in some cases, pursue legal action if the tree poses a clear and documented hazard. Expert reports are often essential.
What if a city street tree damages my property?
You may file a claim with the city, but expert evidence is usually required to prove causation and establish responsibility.
Do I need an arborist if the damage is obvious?
Yes. Courts and insurance companies typically require expert documentation to establish liability and quantify damages.
Clarity in Complex Situations
Property damage from trees is a common issue in Los Angeles, but liability is rarely straightforward. Whether involving neighbor disputes, storm failures, or city street trees, each case requires careful investigation.
At Evergreen Arborist Consultants, we bring clarity to complex liability questions through detailed inspections, professional reports, and expert testimony. Our goal is to help property owners, attorneys, and insurers resolve disputes fairly while preserving the city’s valuable urban forest.
If you are facing a tree damage dispute, contact Evergreen Arborist Consultants to schedule a consultation.