Unsafe trees under which the public has access, such as those overhanging highways, may constitute a public nuisance. If the tree appeared sound, but then fell or lost branches, the owner would not be liable for damages because the failure of the tree could not reasonably have been foreseen or prevented. If the tree had obvious signs of disease or weakness and then failed, however, the owner might be sued for any damage caused. It is therefore important to inspect such trees regularly to check on their condition.

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