“The tree suffered from extensive root rot.” If that’s true, and especially if the developer of the project knew about the condition of the tree and did nothing, this case has merit.
You do know where the roots of a tree are typically located, don’t you ? The notion that the developer knew the condition of the tree’s roots is ludicrous. Besides, it took a ‘severe windstorm’ to topple the tree, not some evening breeze.
The family is devastated which is understandable – toss the lawsuit.
I understand your point on root rot and agree with your sentiments; however, there’s an area near me where the roots are literally busting up through the concrete and visible on the sidewalk for half a block. It’s not unheard of to see roots above ground.
You are exactly right. I live in the sunny, debilitatingly humid south, and the Cypress tree is well know for its root system that is partially above ground, known as ‘Cypress knees’ and they are hell on your shins. For what it’s worth, roots that are busting up through concrete,etc, are very healthy roots !!
Frequently, while doing site preparation, the developer (or his sub) will inadvertently compromise the integrity of a tree’s root system by working too close to a tree. A bulldozer can easily damage the root system below the surface which goes unnoticed until that big wind comes up. I feel certain that this is not the case here, but who knows.
Thankfully the burden of proof is on the Plaintiff to show the developer knew, or should have known, of the hazard or that they didn’t comply with city codes when doing work on nearby land.
That said, I do feel for the family too as nothing will bring back the 3-year old’s father.
“The tree suffered from extensive root rot.” If that’s true, and especially if the developer of the project knew about the condition of the tree and did nothing, this case has merit.
You do know where the roots of a tree are typically located, don’t you ? The notion that the developer knew the condition of the tree’s roots is ludicrous. Besides, it took a ‘severe windstorm’ to topple the tree, not some evening breeze.
The family is devastated which is understandable – toss the lawsuit.
I understand your point on root rot and agree with your sentiments; however, there’s an area near me where the roots are literally busting up through the concrete and visible on the sidewalk for half a block. It’s not unheard of to see roots above ground.
You are exactly right. I live in the sunny, debilitatingly humid south, and the Cypress tree is well know for its root system that is partially above ground, known as ‘Cypress knees’ and they are hell on your shins. For what it’s worth, roots that are busting up through concrete,etc, are very healthy roots !!
Frequently, while doing site preparation, the developer (or his sub) will inadvertently compromise the integrity of a tree’s root system by working too close to a tree. A bulldozer can easily damage the root system below the surface which goes unnoticed until that big wind comes up. I feel certain that this is not the case here, but who knows.
Yay civil discourse! :)
Thankfully the burden of proof is on the Plaintiff to show the developer knew, or should have known, of the hazard or that they didn’t comply with city codes when doing work on nearby land.
That said, I do feel for the family too as nothing will bring back the 3-year old’s father.