Milwaukee Forestry Division denies claim over tree damage from July thunderstorm

The Milwaukee Judiciary and Legislation Committee convened on March 17, 2025, to discuss several claims related to tree failures during a recent storm. A significant portion of the meeting focused on the legal implications surrounding the city's liability for such incidents.

City officials, including representatives from the city attorney's office, clarified that the city is not liable for damages caused by tree failures unless there is prior knowledge of a tree's decay or a specific request for maintenance. This legal framework parallels the city's stance on potholes, where liability arises only if the city was aware of a problem and failed to address it.

During the meeting, Jeff Lauffenberg, the urban forestry district manager, provided details about a specific incident involving a 22-inch linden tree that fell during a severe thunderstorm on July 29, 2024. The storm brought significant rainfall and high winds, leading to numerous reports of downed branches and trees. In this case, the tree was found to be alive but had some internal decay that was not visible externally. The forestry division had conducted inspections and pruning in March 2021, and there had been no prior service requests for the tree in question since July 2016.

Based on this information, the city attorney's office recommended denying the claim related to the fallen tree, citing a lack of prior notice regarding its condition. The committee's discussions highlighted the challenges of managing urban forestry and the complexities of liability in cases of natural events.

As the city continues to navigate these issues, the emphasis remains on proactive inspections and community awareness to mitigate future claims and ensure public safety.