When trees on a property are healthy and beautiful, it adds to the aesthetic appeal. However, if they fall, it can be a genuine disaster. Anyone who has ever faced such a situation knows this all too well. Despite the relative commonness of this occurrence, not everyone understands what steps to take when a tree falls. What actions can be undertaken?
A Fallen Tree – Who to Contact and What to Do?
In modern legislation, there are no clear guidelines on how to act in a situation where a tree has fallen and caused injury to people or damage to property. Taking action in such cases is quite challenging, as it is nearly impossible to identify the owner of the property and to whom claims should be addressed. The primary issue in resolving this complex situation is the inability to definitively determine the party responsible for the fallen tree.
There is a certain responsibility for the fallen tree, which is governed by an article detailing the landscaping of modern cities and towns. This article outlines the key provisions regarding the protection, regular renewal, and overall maintenance of the unique green spaces.
Upon reviewing this article, it can be concluded that the removal of damaged trees, which are city property and classified as hazardous, is carried out exclusively through local and state budgets. However, if the land where such trees grow has been fully privatized or leased, the entire responsibility falls on the new owner.
Important! The removal of fallen trees is carried out exclusively after the issuance of a special permit. This process is initiated by a formal request submitted by either a legal entity or an individual.
What to Do When a Tree Falls?
If a tree in poor condition falls on a rented or owned property, specific actions will be required. These actions depend directly on the circumstances, the surrounding environment, and the extent of the damage caused. Here are some of the most common scenarios:
- First and foremost, it’s essential to document the fact of the tree’s fall. As evidence, you can use a video recording or a photograph. Additionally, witness statements from neighbors or bystanders are permissible. These statements should be formalized in a written declaration, including the witness’s full name, address, phone number, and validated with their signature. If the falling tree caused any moral or material damage, you should visit the nearest police station. The officers will thoroughly investigate each individual case to determine the responsibility of third parties or any illegal actions involved.
- If the investigation reveals that the tree fell not by accident, but as a result of deliberate and premeditated damage, a criminal case is automatically initiated. Such a case will also be initiated only if there is proven evidence of negligence by the current city services.
- Harm to health caused by a fallen tree is documented by a medical professional. For relatively minor injuries, it is advisable to call an ambulance or visit a nearby emergency room.
- If a falling tree has damaged a car or a nearby building, it will be necessary to address the insurance matter. It’s important to locate the previously issued policy or get in touch with the insurance company representatives. Based on this document, a report is drawn up, and the appropriate compensation amount is then issued.
Necessary actions in the event of a fallen tree must be carried out without fail. In most cases, this will help mitigate the damage caused.
Who takes care of fallen trees?
If a tree has fallen, it must be removed from the area to prevent harm and significant obstructions. The responsibility for tree disposal falls on the municipal district services. To initiate this process, you need to either call an organization employee to the scene or bring a statement with evidence of the fallen tree to the office.
Important! It is crucial to contact the service as quickly as possible. Delays in such cases are unacceptable!
At the site where the tree trunk has fallen, specialists draft a special report. This document is written strictly in the presence of police officers, insurance company representatives, and public utilities department experts. In some cases, it is permissible to carry out the documentation independently, but witness statements are indispensable in such instances. Regardless, a well-prepared report is compiled, which must include the following information:
- The cause of the plant’s destruction.
- General condition of the tree upon falling
- The damages that were inflicted
- Conclusion regarding the causes of the plant’s destruction, such as the actions of other individuals or their complete inaction.
The trees, which have completely dried out and fallen to the ground as a result, without causing harm to nearby people or valuable personal property, are cut into pieces using tools and then disposed of. All regulations must be followed during this process.
The debris from fallen trees is removed by municipal city services. Additionally, companies that specialize in the removal of such unwanted vegetation also handle this task. When it comes to municipal services, the funds are allocated from the local budget. Otherwise, the cost of removal is borne by the client.
It is crucial to ensure that all the aforementioned conditions are met in order to compensate for the material damage caused by the fallen tree.
Otherwise, the claim will need to be settled through the courts. With the required set of documents and submitted official witness testimonies, the decision may be made exclusively in favor of the plaintiff who filed the application.
Contacting Our Company
If a tree has fallen on your property, it’s worth contacting our company. Our team will promptly address all issues. The area will be cleared, and the waste, along with any cuttings and wood debris, will be immediately disposed of.
