Bar Exam — MBE (Multistate Bar Exam)TortsMedium
A homeowner hired a professional tree removal service to cut down a large, diseased oak tree in his backyard. During the removal process, a section of the tree unexpectedly fell onto a neighbor's shed, causing significant damage. The tree removal service had taken all standard precautions, used appropriate equipment, and followed industry best practices. What is the most likely basis for the neighbor's claim against the tree removal service?
- ATrespass to land, because the tree branch entered the neighbor's property.
- BNegligence, because the service failed to ensure the tree would not fall on the shed.
- CRes ipsa loquitur, because the incident would not ordinarily occur without negligence.
- DStrict liability, because tree removal is an abnormally dangerous activity.
Show answer & explanationAnswer & explanation
Correct answer: D. Strict liability, because tree removal is an abnormally dangerous activity.
While tree removal is not always an abnormally dangerous activity, removing a large tree in a populated residential area carries a significant risk of serious harm that cannot be eliminated through reasonable care, making it subject to strict liability. The fact that the service took precautions doesn't negate strict liability for such activities.
Why the other options are wrong
- A. While a trespass to land did occur, strict liability is the more appropriate tort for the activity itself given the inherent dangers.
- B. The question states the service took all standard precautions, making negligence less likely as a primary claim.
- C. Res ipsa loquitur is a doctrine of negligence, and strict liability is a separate ground for liability that does not require proof of negligence.
Strict Liability for Abnormally Dangerous Activities
Liability without fault for activities that create a foreseeable risk of serious harm even when reasonable care is exercised.
- Activity must involve a high degree of risk of serious harm.
- Risk cannot be eliminated by reasonable care.
- Activity must not be a matter of common usage in the community.
Memory trick: Dangerous Deeds Don't Need Negligence to be Liable.