Sudden Limb Failure risks and cases

Eric Frei

http://www.courts.sa.gov.au/courts/e...k_v_unley.html

This is a great example of opinions by experts on gum trees probability of limb failure. In a nut shell, worried resident wants gum tree gone as it "might" fail, but loses. Lots of facts in here.

It's a long read but worth it. I applaud the SA govt regs and the way the building spec was laid down for the construction around the trees. Even had foundations changed for the trees benefit, it would be great if some-one could put up pics of the trees, the address is in the court document.

What I also like here is that it was mentioned in court that pruning and mitigation be carried out approx every 5 years @ $1500 which is considered most reasonable for retaining trees.

I also loaded a text only copy just in case the one on the net goes dead (has happened to me before)

Attached Files

SLDunleySA.txt (21.7 KB, 195 views)

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Eric Frei

Now this one here is from USA and a SLD killed a guy so an investigation ensued.

http://www.sacbee.com/101/story/170150.html

What is apparent is there's some degree of VTA if you know what to look for. In my experience of SLD the branches have been too long, poor taper, poor angle of attachment/branch too horizontal. What also seems apparent is that individual trees have a history of it.

Here is another, this time an oak.
http://72.14.253.104/search?q=cache:...&ct=clnk&cd=13

Ironically the arborist here has a differing version of what causes it, lack of wind he reckons allows moisture to build up in the limb and foliage, less transpiration I suppose. But either way it appears it's a build up of moisture making the limb heavy and the limb mass itself along with how well it's attached. Below is the pic from the article I leached plus a copy of the article in text in case the link goes bad (article date was Monday - July 24, 2006).

Attached Thumbnails

 

Attached Files

fallen_oak.txt (1.3 KB, 109 views)

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Eric Frei

Here's another SA case dismissed where a person wanted to remove a gum that might drop a limb, again has some real good arb discussion as viewed by the courts.

http://www.courts.sa.gov.au/courts/e..._burnside.html

Attached Files

miller_v_burnside.txt (21.6 KB, 146 views)

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Sean Freeman

The SA courts are very good normally, and you can learn quite a bit about the role of an expert witness by reading the judgements. For those with the time here's the judgements page http://www.courts.sa.gov.au/courts/e...ent/judgments/
Together with the Qld courts I used to trawl through the relevant arb cases every two months or so before life became so time limited!!
http://www.courts.qld.gov.au/qjudgment/pe.htm

The miller case is a good one so is this one

back_v_unley.pdf

Before we get too gooey about the SA system have a read through this one

goode_v_burnside.pdf

You might recognise the names of the Arborist and the commisioner from Ekka's example....something of a back flip your honour? Courts can be treacherous places my friends.

Eric Frei

This thread closed and there is more up to date discussion here.

Do Gums just drop branches? Sudden Limb Failure

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