Rappoport Development Consulting Services LLC

Tree failures can have severe consequences. Unfortunately, evidence is often cleaned and removed from an accident making forensic analysis difficult if not impossible. That is why taking effective photographs of a tree failure may provide valuable evidence for forensic analysis to determine the cause of the failure.

The City of Los Angeles estimates there are over ten thousand miles of damaged sidewalks within the city limits, 40% of the damage caused by street trees. Many of the tree were planted in city parkways. After generations of neglect, the mounting number of complaints and payouts for litigation has forced the City to address the problem. Who is responsible for repair and maintenance caused by the trees and how will the City proceed?

Attorneys looking for a tree expert witness usually hire a certified arborist. Yet there is an even more elite designation for consulting arborists, that being the Registered Consulting Arborist (RCA) designation administered by the American Society of Consulting Arborists. There are many reasons why an attorney should consider hiring an RCA.

Landscape and tree contractors may not realize their potential liability for work performed for a client. A particular problem is ignoring field conditions. Perhaps the contractor is unaware of their duty of care to avoid acts or omissions that would be likely to harm others. This article examines the duty of care for landscape, maintenance and tree care contractors and how they can satisfy the industry standard of care for field issues and repairs.

Landscape architects and contractors have distinct roles in the development of a successful landscape project. The design by the architect create a template that a landscape contractor adheres to in bidding and constructing the project. Landscape plans include specifications that dictate correct installation of products and materials. If a field construction worker deviates from a particular specification, their action may create a hazard that could result in an accident.

In landscape construction, there is a significant diversity in project aesthetics, quality and success. Unfortunately, a C-27 California landscape contractor license is no guarantee of contractor competency. As a landscape consultant and landscape expert witness for defendant and plaintiff attorneys, Mr. Rappoport has consulted on numerous landscape construction defect cases, and while the types of cases vary, there is a pattern of contractor deficiencies common in each case.

Landscape architects are utilized to design, prepare plans, make submittals and obtain permits for commercial, sub-division and public works projects. Their plans and specifications are part of the contract documents provided from their client to landscape contractors for bidding purposes. The landscape contractor performs a plan "takeoff", documenting all of the quantities, specifications, notes, and details and then creates their pricing and proposal based on that information.

Do landscape contractors understand how the legal term “standard of care” applies to their profession? The legal implications of Not performing to the industry standard of care may have serious consequences

Certified arborist, registered consulting arborist, tree expert, tree service and landscape contractor, so many different consultants and contractors to choose from for tree care consultation and remedial work. How can you ensure your tree assets receive the state of are care they deserve? Certified arborists and tree care professionals adhere to the American National Standard Institute (ANSI) A300 tree and woody ornamental pruning standards.

As a landscape and certified tree arborist expert witness, I have been involved with several trip and fall construction negligence lawsuits. In many cases, the hazard was created inadvertently by a landscape or maintenance contractor. Often times, the homeowner association and property management company were unaware of the potential hazard. The article discusses landscape contracting and maintenance related trip and fall and other construction negligence cases and issues.

Jeremy Rappoport, President of Rappoport Development Consulting Services LLC discusses his most frequent tree consulting issues, tree root and canopy encroaching neighboring properties. The article examines tree selection and why property line encroachment and tree risk assessment are becoming increasingly frequent legal issues.

Jeremy Rappoport is a certified arborist and tree risk assessor. In the article, Mr. Rappoport discusses the importance of understanding the cultural characteristics as they relate to tree size, location and use. Find out how a good tree sited in a poor location can affect the health and safety of the tree and how tree risk assessment is the current standard of care in determining the tree hazards and attendant risk.

Attorneys involved in construction defect and negligence cases determine whether or not a defendant satisfied the industry standard of care. However, cases involving irrigation related accidents and resultant lawsuits maybe difficult to determine the standard of care for a variety of reasons. This article examines standard of care issues and provides useful information for plaintiff and defendant cases.

Based on experience working with plaintiff and defendant cases, this article focuses on trees in the urban landscape and provides information that may prove useful for attorneys to consider in tree related cases.

In this article, the author writes about premise liability and the responsibilities of homeowners to protect the public by maintaining their property in a safe, hazard free condition. The same responsibility to protect the public has been increasingly extended to trees and hazardous conditions they represent. Are your trees creating a legal liability?

The author discusses the challenges created by the economic downturn and ongoing drought in California. Property owners, businesses, homeowner associations and property managers have reduced or eliminated budgets for landscape design, renovation, construction and maintenance, and are having to make decisions on their own. He introduces a simplified method called Horticultural Design for those going it on their own.

Continuing his monthly expert witness publication, Jeremy Rappoport, President and founder of Rappoport Development Consulting Services LLC discusses the importance of impartiality governing the decision to represent defendant or plaintiff cases.