Tree Liability for Commercial Property Managers: What You Need To Document

When a tree fails on a commercial property and causes injury or damage, one of the first questions an attorney will ask is: what did the property manager know, and what did they do about it? Documentation is the difference between demonstrating reasonable care and facing a negligence claim. This article outlines what to track, when to act, and how proactive tree management reduces your legal and financial exposure.

The duty-of-care standard

Property managers are expected to maintain premises in a reasonably safe condition. For trees, this means conducting regular inspections, responding to reported concerns, and addressing known defects within a reasonable timeframe. You do not need to guarantee that no tree will ever fail — but you do need to show that you had a system in place and followed it.

What to document

• Annual or biennial tree risk assessments performed by a qualified arborist.
• Written reports with risk ratings and recommended actions for each tree.
• Records of completed work: pruning, removals, cabling, or monitoring decisions.
• Dates and details of any tenant or visitor complaints about specific trees.
• Post-storm inspection records, even if no damage was found.

Common gaps that create exposure

The most frequent liability issues we see are not spectacular failures — they are gaps in documentation. A tree was reported as concerning but no inspection was scheduled. An arborist recommended removal six months ago but the work was deferred without a written rationale. A storm hit and no one walked the site afterward. These gaps turn a defensible position into a difficult one.

Building a defensible program

Our commercial tree care program includes regular assessments, prioritized work plans, and documentation that your property management team can file directly. For portfolios with multiple sites, our multi-location management service standardizes inspections and recordkeeping across every property.

If your current program has gaps — or if you do not have a program — start with a baseline assessment. We work with Class A offices, HOA communities, and multifamily properties throughout Vancouver, WA and Portland, OR.