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Council disallows claim for property damage from fallen city tree limb
Summary
The council voted to disallow a $1,315 claim for property damage after a city tree limb fell during a windstorm; the city attorney said the city is liable only if it knew the tree was defective and failed to act.
The Waukesha Common Council voted to disallow a $1,315 claim for property damage on Sept. 16 after staff recommended denial.
City staff reported that on Aug. 12 a limb from a city-owned tree struck the claimant's house during a windstorm, damaging the electrical service entrance and a gutter. The city attorney explained that municipalities are not automatically liable for storm damage from city trees unless the city knew the tree posed a hazard and failed to take corrective action.
A motion to approve the claim was offered and seconded but failed. Council then voted to disallow the claim; that motion passed 11-3.
Outcome: Claim denied; no payment made to claimants for the $1,315 damage based on staff recommendation that the event was an act of nature absent evidence the city knew of a hazardous tree condition.
