When most people think of landscaping, they envision beautiful gardens, lush lawns, and eye-catching walkways. However, without proper care and maintenance, many landscaping features can also pose serious hazards. As a property owner, you have a legal duty to ensure your landscaping does not create unsafe conditions for those on your premises. Failure to do so can lead to premises liability claims if someone is injured.
In this article, we’ll examine some of the most common landscaping hazards and how to avoid premises liability risks related to your property’s grounds. We’ll also provide tips on conducting routine inspections and maintenance.
Slip and Fall Hazards
Slip and fall accidents are one of the top causes of premises liability claims. Uneven walkways, wet leaves covering concrete, and poor drainage can all contribute to slippery conditions. To minimize risks:
- Use slip-resistant materials like stamped concrete, bricks, or textured pavers for walkways, patios, and pool decks. Avoid smooth surfaces when wet.
- Ensure pathways have a slight slope or grade to allow for drainage and prevent the pooling of rainwater.
- Prune overhanging trees and shrubs so leaves don’t accumulate on walkways.
- Promptly remove moss, lichens, and algae that may grow on damp walkways or patio stones.
- Use salt or ice melt as needed in winter but avoid accumulation that may cause slippery residue.
- Post signage if high-traffic areas can’t be promptly cleared of snow and ice.
- Check for uneven sidewalks, cracked pavement, and uplifted walkway materials that could cause tripping. Repair promptly.
- Illuminate dimly lit steps, curbs, and parking areas to improve night visibility.
- Cover any exposed tree roots crossing pathways to avoid tripping.
- Look for low overhangs, tree branches, or shrubbery that may obstruct walkways and contribute to collisions.
- Ensure railings are secure and deck boards are free of slippery moss near steps and elevated surfaces.
- Sweep gravel or mulch that may scattered onto sidewalks back into planted beds regularly.
- Keep walkways free of obstructions like hoses, tools, or lawn debris that can cause tripping.
Poor Visibility Hazards
Vision barriers caused by overgrown landscaping are another common liability issue. Blocked sight lines at intersections and obstructions along pathways can lead to collisions, trips, and falls. Strategies to improve visibility include:
- Prune back trees, bushes, groundcovers, and plantings to open up sight lines. Target areas near entryways, sidewalks, parking areas, and street corners.
- Select small, lower-growing species if you plant near walkways or signage. Seek professional guidance to avoid root damage.
- Illuminate dark walkways at night with solar path lights or pole lights. Position for optimal visibility.
- Replace dead or dying plants and trees that may pose a falling hazard during storms.
- Maintain lawns at a short height and prune back encroaching branches. Allow good peripheral visibility.
- Remove overgrown climbing vines, ferns, or other plantings from fencing, gates, or entry arbors.
- Trim back tree canopies overhanging entryways and paths. Target those under 12 feet for best visibility.
Tree and Tree Root Hazards
While trees boost curb appeal, their limbs, roots, and fruit can jeopardize pedestrian safety. Potential risks include:
- Buckling walkways and tripping hazards caused by intrusive surface roots
- Downed branches during inclement weather
- Rotting trunks or limbs that may collapse under stress
- Falling husks, seeds, or fruits like acorns leading to slip and falls
Mitigating the risks involves:
- Professionally inspecting trees near high-traffic areas annually. Address any structural weaknesses.
- Selecting trees less prone to surface roots if planting near sidewalks, patios, or foundations.
- Trimming branches back from entryways and walkways. Target those under 15 feet for greatest hazard.
- Cordoning off areas around trees dropping fruit like crabapples before cleanup.
- Removing dead trees or limbs that may fall during storms. Don’t just prune back rotten branches.
- Covering walkways with rubber walkway protectors to reduce buckling from surface roots.
- Grinding down raised walkway sections or roots to eliminate tripping dangers.
- Diverting water flow from pooling near trees. Saturated soil can lead to blow downs.
Chemical and Water Hazards
Pesticides, fertilizers, standing water, and other liquid substances engage premises liability if not properly controlled. Potential injuries range from minor chemical burns to drowning. Reduce risks by:
- Reading and following all instructions and warnings when applying landscape chemicals or treating pools. Don’t over apply.
- Refraining from chemical use just before or during periods of expected heavy rain that may lead to runoff.
- Storing all chemicals properly in locked structures away from children and high-traffic areas.
- Using signs to indicate freshly treated lawn areas to avoid exposure.
- Shutting off sprinkler systems during rainfalls to avoid pooling and slick conditions.
- Draining, covering, or fencing off any standing water features. Avoid concealed areas like drainage ditches.
- Raking up and removing debris like fallen fruit that may attract standing water from irrigation.
- Ensuring pool fencing meets all city regulations and codes with proper self-closing and self-latching gates.
Conducting Routine Inspections and Maintenance
The most effective way to identify and mitigate landscaping risks is by conducting thorough inspections on a regular basis. Walk all sidewalks, play areas, pool decks and other high traffic zones at least seasonally. Look for any slipping or tripping dangers, areas of poor visibility, unstable trees or limbs, invasive roots, or other hazards. Document any issues in need of repair or maintenance.
In addition to inspections, adhering to seasonal maintenance schedules is key. This includes pruning, mowing, fertilizing, clearing drains, and other tasks. Be sure landscaping crews are also well-trained to spot any potential hazards on your property.
For commercial properties, it’s wise to have qualified arborists routinely inspect mature trees for potential structural defects and proper pruning needs. Seeking professional expertise can help detect problems early before they escalate into safety issues.
Contact Us Today
By being proactive, you can both beautify your property and reduce liability risks at the same time. However, accidents still happen. If you or a loved one has been injured by an unsafe condition related to improper landscaping or maintenance, contact our experienced premises liability attorneys for a free consultation. We can advise you on your legal rights and options for seeking maximum compensation for your injuries and damages. With years of success holding property owners accountable, let us fight on your behalf.
Visit our office at 15 Broad St #800 Boston, MA 02109.
Or call now for a free consultation on (617) 263-0860.