City denies liability when its tree collapses onto private home

AUBURN – To Derek Labbe of Auburn, it seemed simple.

A city-owned tree collapsed in a windstorm, crashing into the corner of his garage. The tree broke pieces of his chimney, sending bricks cascading. And the weight of the footwide trunk may also have damaged the garage’s foundation.

Since it was city property that crashed into his, Labbe figured somebody from the city would haul away the tree and do something to help him make the repairs.

However, the city’s position – backed by Maine law – is that Auburn has no liability in the case.

City officials promise to clean up the tree, which collapsed on the night of Oct. 20, but they won’t pay for the damage.

“You can’t sue them,” Labbe said. “You can’t get damages.”

It’s left Labbe, who has owned the home for seven years, frustrated and puzzled.

“They’ve done nothing to help,” he said, walking behind his 46 Winter St. home, where a city crew had chopped dead trees and limbs in August but left this particular tree. “I know I’m fighting a losing battle.”

The city is shielded by the same piece of Maine law that protects any municipality from being sued when somebody hits a pothole and damages their car.

Not that the city is exempt in all cases, just most of them.

“If you report it, you might get something back,” said Labbe, who could have protected himself and his garage.

When something like this happens, the first thing the city does is go back through its records to see if a danger – such as a pothole or a precariously leaning tree – was reported to officials, said Dennis Roderick, Auburn’s purchasing/risk manager.

The city has 24 hours to fill in a pothole and longer for other problems, Roderick said. Without such protection, people would sue their governments all the time.

“This is a law that goes way, way back,” said City Manager Patricia Finnigan, who called Labbe on Thursday and promised the city would take the tree down but didn’t say when.

“The law is trying to protect everybody,” she said. It’s intent is trying to ensure that a town or city doesn’t go broke just keeping up with lawsuits.

At the same time, the 24-hour rule aims to keep problems from getting too serious.

“That’s a pretty aggressive schedule to be on,” she said.

Besides, said Roderick. “We don’t control nature.”

Labbe said he figured that the city crew who trimmed the trees behind his house in August had seen the dead tree and were coming back.

After the tree fell, he called Auburn Hall, public works and the Maine Municipal Association. He left messages with Mayor Normand Guay and City Manager Patricia Finnigan.

“I offered to take the bricks down to city hall, he said.

A worker from the MMA tried to explain the rules. It didn’t work.

“She read it to me, and I was just confused as hell,” she said.

By the time he talked to Roderick again, he understood. But it was too late.

“People need to know this,” Labbe said. “Contact the city in writing. Contact them by phone. This is their property that can damage yours.”