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| Importance of tree hazard
recognition and reduction Portions of the USDA, Forest Service Manual (FSM 2303; 2330; 6703; 6730) outline specific objectives, policies, and responsibilities in regard to (1) hazard tree evaluation in recreation sites, (2) documentation, and (3) corrective action. Basically, these regulations specify that safeguarding public health and safety and protection of natural forest resources at all Forest Service public use areas are of prime importance. This publication is primarily for the practicing forester or technician who has responsibility for the administration, operation, and maintenance of recreation sites, particularly campgrounds, picnic grounds, and winter sports areas in the central Rocky Mountains. This information will increase awareness of tree hazards and corrective action needed to reduce tree failure accidents, thus minimizing the probability of legal action resulting from tree failure accidents involving forest visitors. No attempt is made to discuss all indicators of defect for every tree species in the Rocky Mountain Region. That information is best presented during field training sessions by professional forest pathologists. Definition of a tree hazard A tree hazard refers to any potential tree failure due to a structural defect that may result in property damage or personal injury. It is difficult to predict tree failure with certainty because of the complex interaction between tree and environment. Every tree will eventually fail; therefore, knowledge of each tree species, site characteristics, and local weather conditions is essential when evaluating tree hazards. A defective tree is hazardous only when its failure could result in damage to something of value. In recreation areas, we are concerned with structures, forest visitors, vehicles, or other property. The responsibility of land managers regarding tree hazards. The Federal Tort Claim Act (1946) provides that the federal government is liable in the same manner as a private party for the negligent acts or omissions of its employees. This Act waived the long-standing doctrine of sovereign immunity which stated an individual could not sue the government without the governments' consent. The present trend is to make the landowner responsible for exercising reasonable care to prevent harm to anyone who might come on his land. In determining liability, the first question decided in all cases is: Has the landowner been negligent in the use or management of his property? The second question to be decided, assuming that a negligent act was committed, is: What duty does a landowner owe to persons who enter his lands? By legal definition, there are three classes of visitors on a tract of land: the invitee, the licensee, and the trespasser. Of the three visitor classes, the invitee is of primary concern to public land managers because anyone visiting "land held open to the public" belongs in this category. The invitee commands the greatest legal responsibility. The land manager owes a duty of care to the invitee not to injure him by unreasonably dangerous conduct. Also, the manager must act with reasonable care to discover and correct any unreasonably dangerous conditions on the premises or warn the invitee of the danger and risk involved or close the premises. Responsibility to ensure public safety is roughly proportionate to the degree of development in a given land area. Highly developed sites such as campgrounds, picnic grounds, and ski areas incur a greater level of responsibility than undeveloped areas. Because all trees have some chance of failure, it is not feasible to eliminate all tree hazards in a forested recreation area. For a land manager to protect himself from liability, it is necessary to use "reasonable care" to protect visitors. In most cases, "reasonable care" implies that areas such as campgrounds have been evaluated for safety hazards by a qualified person. Therefore, the best protection against liability is a documented program of annual inspections of recreation areas. Hazards should be identified and decisions made as to appropriate action. A program of documented safety inspections on a regular basis is essential in reducing hazards. Tree hazards in the Rocky Mountain Region More than 1,300 tree failures were reported within recreation sites during 1965-80 by the USDA, Forest Service within the five state Rocky Mountain Region, which includes Colorado, Kansas, Nebraska, South Dakota, and Wyoming (east of the Continental Divide) (Table 1, page 4). The actual number of tree failures is probably much higher since this figure only includes reported failures. Although most of these tree failures resulted in little or no damage (Table 2, page 4), there is always the possibility that an accident will occur. In fact, one incident resulted in two fatalities. Since 1965 there have been at least two incidents of injury to recreationists and 48 reports of property loss within this Region. An accident requires both a tree failure and a target. The target may be a recreational structure, a vehicle (causing monetary loss), or a forest visitor (resulting in personal injury). With the increasing popularity of outdoor recreation and corresponding greater number of visits to developed recreation sites, the probability of a failing tree striking a target also increases. In the outdoor-oriented Rocky Mountain area, tree hazard recognition and corrective action merits attention by all land managers. Generally, the amount of money lost in tort claims far exceeds the cost to perform tree hazard inspection and maintenance. A court in Wyoming awarded over $43,000 for the death of a man in a National Park Service campground. He was struck by a tree with obvious physical defects that failed in the absence of unusual weather conditions (Menefee, 1973). With damage awards increasing each year, the relative cost of tree hazard evaluations is minimal. |
| TABLE 1. Number of reported tree failures in recreational areas listed by state and species, USDA Forest Service 1965-1980. |
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| TABLE 2. Number of reported tree failures in recreational areas resulting in accidents listed by state, USDA Forest Service 1965-1980. |
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