May 02, 2005
if a tree falls in the woods...
... and there's nobody around to hear it, it may still make a noise. It just won't result a lawsuit. If the tree falls in a city, however, we have an entirely different situation.
Preparing for his Arbor Day filing, Davis stressed that he isn't faulting the flora. Trees don't kill people; improper maintenance does, he said.
"The thing about it is that I love trees. What I'm promoting is that people take care of trees," he said.
In all of his cases, Davis argues that landowners or public agencies were responsible for preventive tree maintenance.
His first tree settlement came on the third day of a 2003 trial, in which he argued that Caltrans was responsible for a Monterey pine that fell across Highway 1 in San Mateo County, resulting in the death of a motorist.
The $800,000 agreement in that case apparently caught the attention of the tree-afflicted -- since then Davis has had more tree cases than he can handle.
I can see the easiest path for cities to take to avoid such lawsuits: CUT DOWN ALL THE TREES!!! That's a lot less expensive than paying a lawyer every time a bough breaks.
Why aren't environmentalists howling about this crap?
How about a novel approach, cut down a lawyer.
Trees are a waste of a good piece of wood.
Your Telecaster, however, is excellent use of 3 different trees.
I handled an insurance claim years ago where a gigantic palm tree fell on a woman and crushed her badly. Unfortunately for her, it didn't kill her. Her family sued the people who grew the tree, the ones who transported it, the ones who installed it and the owners of the land who bought it and had it planted. Out of the 150 or so Queen Palms on this property (a hotel in Palm Springs), this one particular tree selected that particular moment to fall over squash this poor woman like a grape while she was taking a picture of the mountains. She required medical care and feeding for life, but it was hardly the tree's fault, or hers. Sometimes, shit just happens.
Lawyers are wonderful, and I will sue you if you say mean things about us.