Got a trip-and-fall claim tied to a tree root?

Tree roots grow in search of water and nutrients. In urban and suburban environments, this often means extending under sidewalks, driveways, and pedestrian pathways. Over time, roots can:

Lift pavement slabs, creating abrupt elevation changes.

Crack asphalt or concrete, producing uneven surfaces and loose debris.

Displace pavers or bricks, causing instability underfoot.

These changes typically happen gradually, making them harder for property owners to detect—yet once present, they can be obvious hazards to pedestrians.

 

Common Accident Scenarios
Sidewalk Heave — A mature tree’s roots lift one section of concrete 1–3 inches higher than the adjacent section, creating an abrupt lip that catches a pedestrian’s toe.

Asphalt Buckling — Roots under thin asphalt paths swell after heavy rainfall, creating a series of ridges and depressions.

Paver Displacement — Decorative brick walkways shift over time as roots push from below, creating irregular gaps and rocking surfaces.

These scenarios are not limited to residential property—they often occur on public sidewalks, business entrances, and park walkways.

 

Forensic Investigation Approach
1. Scene Examination and Measurement
Garrett Forensics begins by documenting the trip hazard:

Vertical displacement measurement between sections of walkway.

Surface condition assessment, noting cracks, loose material, or debris.

Root exposure mapping to correlate root location with surface deformation.

Environmental context—shade patterns, water sources, and soil conditions that may accelerate root growth.

 

2. Arborist Evaluation
Our certified arborist plays a critical role in tree-root trip cases. The arborist:

Identifies tree species and determines typical root spread and growth rate.

Assesses tree health and whether improper pruning or watering contributed to aggressive root growth.

Estimates root age and development timeline, which can be essential in establishing how long the hazard existed.

Evaluates root location and encroachment patterns to see if the tree was planted too close to pedestrian pathways in violation of best practices.

The arborist’s findings often help establish whether the hazard developed over years and if it should have been reasonably detected and addressed by the responsible party.

 

3. Material and Structural Assessment
Understanding how and why the surface failed is critical:

Concrete thickness and reinforcement inspection — Thin or poorly reinforced slabs are more susceptible to root-related lifting.

Base preparation review — Lack of proper substrate compaction can exacerbate displacement.

Age and maintenance records — Older installations may predate modern accessibility and safety standards.

 

4. Liability and Responsibility Analysis
Determining who is legally responsible can be complex:

Private property owner — If the tree and walkway are on private land.

Municipality — Often responsible for street trees and adjacent sidewalks.

Shared responsibility — Some jurisdictions require adjacent property owners to maintain public sidewalks.

Third-party contractors — If previous repair or pruning work contributed to the hazard.

The combination of engineering measurements, arborist findings, and municipal record review is often key to identifying the responsible party.

 

5. Human Factors Consideration
We also assess whether lighting, signage, or visual distractions contributed to the incident:

Was the hazard visible in daylight and at night?

Was there adequate lighting?

Were cones, paint markings, or warning signs in place before the incident?

 

Why Tree Root Cases Require Expert Analysis
Tree root trip-and-fall claims may seem straightforward, but they often require:

Engineering expertise to measure and compare displacement against safety standards like ADA’s ¼-inch threshold.

Arborist expertise to establish cause, growth rate, and foreseeability.

Liability research to determine maintenance responsibility.

Without this multidisciplinary approach, claims risk being decided on incomplete or contested evidence.

 

Conclusion
Tree roots are a natural part of the landscape—but when they interfere with pedestrian pathways, they can create serious safety and legal issues. Garrett Forensics’ combination of engineering precision and certified arborist expertise ensures that every root-related trip-and-fall case is investigated thoroughly, documented clearly, and supported with defensible findings.

Whether the case involves a city sidewalk, a private driveway, or a commercial entrance, our team delivers the scientific clarity needed to get to the root cause of the claim.

 

👉 Need answers? Call 562-997-3013 or visit www.garrettforensics.com to schedule a consultation.

Because when it comes to trees and liability, knowledge is your strongest root. 🌳