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Court rules on duty of care for healthy trees in residential areas

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The Indiana Court of Appeals has reiterated its stance that urban or residential area landowners have a duty to take reasonable precautions regarding their own trees, healthy or otherwise, and make sure they don’t harm a neighbor’s property based on the size and where they are planted.

A unanimous ruling today in Stephen M. Scheckel v. NLI, Inc., No. 02A04-1010-SC-645, reanalyzes an issue that the intermediate appellate court has dealt with regularly in past years and last addressed more than a year ago.

The root of the Allen County case is a dispute between property owner Stephen Scheckel and neighboring property owner NLI over damage caused by a tree. Scheckel lives next to a lot separated by a chain-link fence. A tree planted nearby grew into the fence and its roots grew under the sidewalk and damaged both the fence and pavement, leaving the fence gate unusable and the walkway cracked and buckled. The cost to remove the tree and repair the damage was $2,510, according to the court records. Scheckel complained to the property owner, NLI, about the damage, but NLI didn’t take any action and Scheckel filed a small claims complaint on negligence and nuisance theories.

After a bench trial, the judge granted judgment in favor of NLI on the grounds that the size and placement of the tree caused the damage to the fence and walkway and the landowner isn’t liable for harm caused outside the land by a natural condition of the land.

But the trial judge erred in that decision, the appellate panel found, based on the evolution of natural conditions common law theory during the past 20 years.

Relying on its March 2010 ruling in Marshall v. Erie Ins. Exch., 923 N.E.2d 18,22 (Ind. Ct. App. 2010), the appeals judges focused on the exception to the natural condition rule created by the Indiana Supreme Court two decades ago. Agreeing with what other states have held, the Indiana panel in Marshall moved away from a strict application of the Restatement (Second) of Torts when it came to urban and residential properties.

Specifically, the appellate court disagreed with the finding that the tree’s healthy condition didn’t pose an unreasonable risk of harm to neighboring landowners because it wasn’t an unhealthy or dead tree – something that past cases have focused on. This is the first case in which the Court of Appeals has analyzed the natural rule exceptions in the context of a healthy tree, and the judges found no difference.

“As noted in Marshall, in urban or residential areas, placing a duty on the landowners to inspect his or her property and take reasonable precautions against dangerous natural conditions is not an undue burden,” Judge James Kirsch wrote. “Property lots in urban or residential settings are much smaller in size – putting neighboring landowners much closer in proximity – and thus, the burden of time and money to inspect and secure trees on those properties is relatively minor compared to the potential damage that could result from a defective tree. As such, we hold that an urban or residential landowner has a duty to exercise reasonable care to protect neighbors from the risk of personal injury or property damage caused by a tree growing upon the landowner’s property. Accordingly, the trial court erred in concluding that the natural condition rule of the Restatement bars the plaintiff’s recovery.”

The Indiana Supreme Court hasn’t addressed this issue specifically since it ruled on a natural conditions rule issue in 1991, and the justices denied transfer on Marshall in December.

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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