A tree expert in litigation and insurance, often referred to as a forensic arborist, consulting arborist, tree appraiser, liability expert, subject-matter expert, or specialist plays a crucial role in legal disputes and insurance claims involving trees and other woody plant material. Their knowledge and expertise in the field of arboriculture allow them to provide impartial, honest, and clear assessments of tree-related matters, helping clients navigate complex legal and insurance issues. In this comprehensive guide, we will explore the various aspects of a tree expert’s involvement in litigation and insurance adjustments, including their responsibilities, the application of industry standards, and the importance of remaining unbiased and transparent in their work.
1. The Forensic Arborist’s Role in Legal Disputes
1.1. Expert Witness and Consultant
A forensic arborist plays a critical role as an expert witness and consultant in legal disputes that involve trees. Their primary responsibility is to conduct a thorough analysis of the facts and circumstances related to a tree-related issue, such as property damage, personal injury, or liability claims. Based on their expert knowledge of the scientific principles of arboriculture and the specific circumstances surrounding the case, they provide their opinion and testimony to assist the court or other decision-makers in comprehending the facts and arriving at a fair conclusion based on the balance of probabilities or preponderance of evidence.
1.2. Tree Risk Assessments and Valuations
In many legal disputes, a tree expert is called upon by a client to perform a tree risk assessment, which involves evaluating the health, safety, and structural integrity of a tree or group of trees. This may include determining the potential for tree failure, identifying hazards, and recommending appropriate mitigation measures. However, in most cases the subject tree has already failed, causing damage or personal injury, resulting in the need to determine if there was reasonable notice of an impending failure or if someone’s actions caused the tree to fail.
In matters concerning personal injury or property damage, to avoid circular reasoning, forensic arborists often must avoid the assumption or fact that a subject tree failed and instead evaluate the situation as it existed before the failure occurred. This approach allows them to objectively analyze the circumstances that may have contributed to the tree’s failure and to identify any factors that may have been overlooked or omitted. By conducting an impartial assessment of the pre-failure conditions, forensic arborists can provide an accurate and reliable opinion regarding the cause of the tree failure and any associated damages.
The fact that weaker trees are more susceptible to failure during adverse weather conditions is widely acknowledged and understood by the general public. However, the expertise of a forensic arborist is particularly valuable in providing an objective assessment and effectively communicating the specific circumstances surrounding a tree’s defects, as well as determining the proximate cause of a tree failure and any observable factors or human intervention that may have contributed to it.
Similarly, a forensic tree appraisal is often required to determine the depreciated replacement or replication cost of a tree or landscape, usually after the vegetation has been destroyed either accidentally or via deliberate trespass.
1.3. Identifying Industry Standards and Best Practices
A vital aspect of a forensic arborist’s work is identifying and applying industry standards, standards of care, and best practices in their assessments and opinions. These standards, such as the American National Standards Institute (ANSI) A300 Tree, Shrub, and Other Woody Plant Management Performance Standards, provide a benchmark for proper tree care and management. Similarly, ANSI Z133 contains the safety requirements for arboricultural operations. By adhering to these standards, a tree expert can ensure that their expert opinion is based on the latest research and accepted practices within the field of arboriculture.
2. The Tree Expert’s Role in Insurance Adjustments
2.1. Investigating and Assessing Tree-Related Insurance Claims
In cases of insurance claims involving trees, a tree expert is often called upon to investigate the circumstances of the claim and provide an impartial assessment of the damage or loss. This may involve evaluating the extent of damage to trees, structures, or other property, as well as determining the cause of the damage (e.g., weather events, negligence, or other factors). The tree expert’s findings are then used by the insurance adjuster, legal counsel, or other parties to determine the appropriate course of action, such as approving or denying the claim, or pursuing subrogation against a responsible third party.
2.2. Providing Expertise in Tree-Related Liability Matters
In some insurance claims and legal complaints, a tree expert may be asked to provide expertise on matters of liability, such as whether a property owner or other party was negligent in their care or maintenance of a tree, or whether a tree’s failure was due to natural causes or human intervention. By examining the available evidence and applying their knowledge of arboricultural principles, industry standards, best management practices, and weather conditions a tree expert can help determine the responsible party and inform legal counsel or the insurance professional’s decision-making process. Not every tree-related incident involves a viable defendant, plaintiff, or claimant. It is important for the tree expert to be straightforward with the client regarding the limitations and interpretations of available evidence.
2.3. Assisting in Subrogation Efforts
When an insurance company pays a claim and then seeks reimbursement from another party responsible for the loss, this process is known as subrogation. A tree expert can play a critical role in subrogation efforts by providing expert assessments and opinions on the cause of the tree-related damage, the responsible party’s potential negligence, and the appropriate standards that should have been followed. This information can be invaluable in building a strong subrogation case and maximizing the chances of recovery. Likewise, the tree expert’s impartial efforts can assist the insurance company in avoiding costly and fruitless subrogation efforts as not all tree defects are observable through ordinary means.
3. Upholding Impartiality, Honesty, and Clarity
3.1. Avoiding Biases and Misrepresentation
A tree expert’s primary duty is to provide accurate, impartial, and honest assessments of tree-related matters. This means avoiding any biases or misrepresentations in their work, whether intentional or unintentional. By maintaining a commitment to objectivity and transparency, a tree expert can ensure that their findings and opinions are based on the facts and evidence at hand, rather than being influenced by personal beliefs or outside pressures. As a result, the expert’s opinion and work will remain unchanged and repeatable across different clients and scenarios given similar circumstances and variables. Through a tree expert’s emphasis on impartiality, accuracy, and consistency in their assessments, client firms are ensured that conclusions are derived from comprehensive analysis and sound reasoning. This negates the risk of an opposing party uncovering previous conflicting opinions, illogical conclusions, omissions, or alterations of facts, ultimately resulting in a solid foundation for a legal case.
3.2. Providing Clear and Understandable Information
The role of a forensic arborist in litigation and insurance adjustments often involves translating complex arboricultural concepts and information into terms that can be easily understood by non-experts, such as, jury members, insurance adjusters, attorneys, judges, and clients. Most litigation clients do not need a comprehensive explanation of the physics or chemistry of photosynthesis to understand why a tree fell and caused harm to persons or property on a clear day. This level of explanation is not a pragmatic nor readily comprehensible approach to the liability claim. Likewise, providing lists of unseen microscopic pathogens that cannot be detected in traditional photographs of a tree-related incident is not useful and diminishes credibility. By providing clear and understandable explanations of their findings, a forensic arborist can help ensure that their expert opinions are accessible and useful to all parties involved in the case.
3.3. Adhering to Professional and Ethical Standards
As professionals in the field of arboriculture, forensic arborists are expected to adhere to the highest standards of professional and ethical conduct. This includes maintaining confidentiality, avoiding conflicts of interest, and providing unbiased and accurate information in their assessments and recommendations. Additionally, most arborist credentials carry their own ethical requirements, such as, ISA Certified Arborist Code of Ethics, ISA Board-Certified Master Arborist Code of Ethics, ASCA Standards of Professional Practice, as well as the New Jersey Canons of Professional Ethics and Standard of Conduct for Licensed Tree Experts & Operators. By upholding these standards, a tree expert protects the credibility and integrity of their work, ensuring that their expert opinions are respected and trusted by all parties involved in a legal dispute or insurance claim. Regrettably, there are no certainties that a credentialed individual will act with honesty and integrity, potentially leading to wasted time and resources. As such, it is advisable to conduct a background check on a prospective tree expert for inconsistencies.
4. The Importance of Industry Training and Certification
4.1. Professional Certifications and Associations
Most tree experts maintain professional credentials, including the International Society of Arboriculture (ISA) Board-Certified Master Arborist and the American Society of Consulting Arborists (ASCA) Registered Consulting Arborist (RCA) designations. These credentials necessitate extensive training, testing, and, in the case of RCA, multiple peer reviews ensuring that credentialed professionals have demonstrated the expertise and abilities required to deliver exceptional tree care and management opinions. Furthermore, membership in professional associations, such as the ISA or ASCA, can aid tree experts in remaining knowledgeable about the latest research, most effective techniques, and industry standards in arboriculture.
4.2. Continuing Education and Skill Development
As the field of arboriculture continues to evolve and grow, it is essential for tree experts to remain informed of the latest developments in research, technology, and best practices. This often involves participating in continuing education programs, attending industry conferences and seminars, and engaging in professional networking and collaboration. Additionally, most arborist credentials have a continuing education requirement. By remaining current in their knowledge and skills, tree experts can provide the most accurate and reliable assessments and recommendations in their work as forensic arborists and tree appraisers.
5. Conclusion
The role of a tree expert in litigation and insurance matters requires a comprehensive and intricate understanding of various fields, including arboriculture, tree industry standards, standards of care, best practices, and communication. Forensic arborists rely on their expertise to provide crucial assistance in legal disputes and insurance claims involving trees and other woody plant material. By maintaining the highest standards of impartiality, honesty, and clarity in their work, these professionals ensure that their expert opinions are trusted and respected by all parties involved in a case. As a result, it is not uncommon for the opposing parties in a case to hire a tree expert who previously provided assistance to the other side.
As the science of arboriculture is complex and often counterintuitive, there is a need for tree experts to assist laypersons in understanding the technical aspects of the field. This involves providing clear and concise explanations of technical concepts, as well as presenting evidence and opinions in a way that is easily understood by non-experts. By doing so, tree experts can help ensure that all parties have a fair and equal opportunity to understand the issues at hand and make informed decisions.
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