If an agency can be shown to have an obligation to a property, tree or client, then they have the duty to keep that site safe or to inform the proper authority of a hazardous condition. Damages or injury There must be an injury or damages to property as a result of a breach of responsibility. The above conditions must be proven for an agency to be held liable, but with new court rulings, proving the responsibility will be easier than it was in the past. Federal and state agencies can also be liable under the same conditions. The Federal Tort Claims Act of 1946 holds that the federal government could be liable for any loss of property, injury or death which was caused by the negligence of any government employee working within the scope of a particular job.
Most states now have similar laws.
What this means is that tree managers and agencies are accountable not only for what they do, but what they fail to do. A rotten tree deep in the forest and away from people is not a hazard because there is no target. However, a rotten tree near a view point, interpretive sign, or campsite is a hazard since people have been invited there. A tree in a city park, along a street, or in a school yard has the potential to be labeled a hazard if it has a structural defect. Agency arborists therefore should re-evaluate their inspection process to see if they are leaving themselves open to potentially serious liability.