Did someone remove or destroy your trees without permission? Contact Evan, a San Diego Wrongful Tree Removal Attorney, who represents tree owners in these situations. If your trees were cut, killed, or cleared without your permission, contact Evan for a free evaluation. He works on contingency.
Here are some things you should know.
What Is The Value Of Damaged Or Destroyed Trees In California?
Damages are basically multiplied..
Civil Code § 3346 says that if the removal or destruction of the trees was intentional, then the recoverable damages are “treble” (or triple) the ordinary measure of damages. That statute is punitive. So if your recoverable damages are $100,000, they then became $300,000.
If, however, the removal or destruction was casual or involuntary, then the recoverable damages are double. See Civil Code 3346. Your $100,000 of recoverable damages becomes $200,000.
Damages can be triple under California law. See this post Evan wrote about recoverable damages when someone wrongful removes or destroys your trees
CCP 733 allows for damages. But the interplay between it and Civil Code 3346 gets complicated.
What To Do If Your Trees Were Damaged By Fire?
First, determine who owned the trees. Second, determine what caused the fire. Third, know what damages are recoverable.
Know that anyone who sets fire to a tree is responsible for “any” harm to the tree. See Health and Safety Code 13007. The person’s actions could be intentional or negligent–it doesn’t matter. Recoverable damages includes “fire suppression” costs incurred in fighting the fire (e.g. firemen) and the cost of providing rescue services. See Health and Safety Code 13009.
Here is a post where Evan explains more.
What Theories Of Liability Apply To Wrongful Tree Removal?
A lot. Here are some common theories of liability for wrongful tree removal:
- Trespass to trees: in this post, Evan goes into this in detail
- Negligence
- Negligence (Vicarious Liability)
- Private Nuisance
Who Can Be Held Liable
It depends on the facts. But common defendants include:
- Neighbor
- Tree service contractors
- Developers and construction companies
- Commercial business owners
- Utility companies
- HOA boards
- Government bodies like cities or counties
Evan W. Walker Interviews On Tree Damage:
Questions? Contact Me for a free consultation.
