COOK, ALAN D. 1987. Trees and lawsuits: know the responsibilities. Am. Nurseryman 165(4): 104, 106.
Lawsuits have become a way of life. And more and more cases involve trees. The following lists were aggregated by a layman to alert other laymen. They include some ways that problems with trees may result in lawsuits and ways to avoid such suits. The following damages to trees may result in lawsuits: tree pruning or felling by trespass, chemical damage, water damage, lowered water table, physical damage from soil compaction by vehicles and equipment, vandals, fire, mud slides, animals and so on. The following damages caused by trees may result in lawsuits: falling trees or tree parts that cause damage to people, property or both, invasion of and damage to property by overhanging limbs, leaning and expanding trunks, and roots, damage to vehicles or pedestrains by thorns, limbs, leaning trunks, roots and so on, accidents caused by obstructed views of oncoming traffic, hazards, signs or signals.
BONESS, KENNETH R. 1986.Avoiding kickback. Am. Forests 92(11&12): 12-15, 40.
Lack of saw control is the major reason kickbacks occur. A saw cannot kick up and back unless it has something from which to push off. Kickback is governed by a law of physics that states: “For every action, there is an equal, opposite reaction.” The saw chain by itself does not contain enough mass to push the saw around. The engine exerts a force against the chain so when the chain isn’t touching anything, it moves while the saw remains relatively stationary. If the saw chain is designed to cut wood, why doesn’t it cut through the wood instead of bouncing off? The raker portion of a saw chain’s cutter link is designed to limit the cutting depth so that the tooth will work at peak efficiency. However, if the raker probes into the wood, the cutter is allowed to dig in beyond its effective cutting depth. Unable to chip out the bite it has taken, the tooth comes to an abrupt halt. When it does, motion is transferred from the chain to the chainsaw. Since the chain had been going forward, the saw is now moving to the rear -- where the operator is located.
SHURTLEFF, MALCOLM C. 1986. Root diseases of trees. Grounds Maintenance 21(9): 22, 26, 28, 30.
Symptoms of root diseases are not immediately obvious and give no indication of severity. You should suspect root problems when a tree I) declines in vigor for 1 or more years, 2) shoot growth is reduced (as measured by rings of terminal bud scales on the twigs), 3) the foliage over much of the tree is off-color or dwarfed, usually beginning in the upper branches, and 4) the top of the tree or crown wilts and dies back. An unusually heavy crop of fruit (berries, cones, acorns) sometimes precedes death. These symptoms commonly overlap those of twig, branch and trunk diseases. Root problems are generally much more severe to a tree’s health than those that affect the foliage and most of those that affect the stems.
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