Trees are lovely, useful and sometimes deadly.

A Scioto County woman was killed in March when a tree fell on her passing car.

A Gahanna woman's life was radically changed almost three years ago when a tree fell on her while she rode her bike on a public trail; she is paralyzed.

Fortunately, such incidents are hardly common, but property owners need to be aware that they have a responsibility to maintain their trees. The courts have ruled that nature isn't always to blame when a tree falls.

And, there's no telling when a troubled tree will lose its fight with gravity.

There was little or no wind when a roadside tree fell March 21, killing Dana Floyd McCloud of Lucasville. Amazingly, her 2-year-old daughter escaped with minor injuries.

Rosemarie Rossetti of Gahanna was riding a bicycle on a Licking County trail in 1998 when a tree fell on her, leaving her legs paralyzed below the knees.

Poor pruning may have led to the tree's collapse on that calm summer afternoon and is the basis of a lawsuit.

The case is but one of many that have developed in the past two decades as people have come to realize that trees fail because of poor planting and poor care.

Rossetti's suit is expected to go to trial in the summer of 2002, said Victor Merullo, her lawyer. He specializes in tree cases.

Merullo said he gets two to three tree calls a day, most about overhanging branches. One lawyer, for instance, wanted help getting branches cut from a neighbor's tree so his roses would grow better. Merullo doesn't take such cases, only those like Rossetti's that involve serious problems.

Everyone with trees on their property needs to be aware of the law.

"In an urban area, every homeowner has a responsibility to inspect every tree on their property. It's a common-law duty," Merullo said. "If it's hazardous, they should remove it."

People living in the country need to check, too, although not every tree. Courts have ruled that rural property owners are liable if they should or could have known about a potential problem, he said.

Some tree troubles are obvious -- dead branches, for instance.

Other signs include:

• Large branches with narrow, V-shaped angles between can split apart and fall.
• Carpenter ants and fungus growing on the trunk signal rot.
• Off-color leaves may be because of root damage from construction work near the tree in recent years.

A property owner who knows a tree is hazardous and does nothing may be left out on a limb by the insurance company, which can decline coverage in such a case.

"It's like carrying a can of gasoline to the basement and putting it next to the furnace," Merullo said.

Ignorance is no excuse.

"People used to think that trees fell naturally," Merullo said. "Then they learned that wasn't the case. The courts have recognized that people are negligent."

Scientific studies have shown how poor planting, care and pruning lead to structural ills that weaken branches and roots.

Even cities, counties, states and other governmental entities are liable for problem trees growing in their rights of way. Ideally they should monitor the trees with drive-by inspections and remove hazardous ones.

While conscientious homeowners may easily spot trouble signs, fixing the problem is usually best left to professionals.

"Falling out of a tree is easy to do," said Dave Snyder, a consulting arborist. "You misjudge and it's a hard thud.

"Call an arborist. He's cheaper than an orthopedic surgeon."

After an initial survey, the arborist makes recommendations for correction and ongoing care.

If no problems are found, it's still a good idea to have another inspection in a few years, since trees are affected by insects, diseases, weather, pollution and attacks from equipment such as string trimmers and lawn mowers.

Arborists, preferably those certified by the International Society of Arboriculture, are the best sources for help, not the guy with a chain saw and a quick-print sign on his pickup truck. They may lack the training or experience to handle more than routine pruning and they may not have the diagnostic skills to spot symptoms of uncommon ills.

Certified arborists have training and experience in tree care. A consulting arborist such as Snyder gives expert advice but not care.

This shadow of responsibility may tempt some homeowners to avoid trees in favor of bluegrass and shrubs.

That would be a pity.

Trees are part of nature's air filtering system. An acre of trees can remove a ton of particulate pollution from the air, Merullo said.

Plus, healthy trees add to the value of the property -- and quality of life.

This is especially so on hot summer days when their shade is so welcome.

And in spring, when their branches fill with flowers to become pastel clouds floating above the lawn.

And in autumn when bright fruits hang like glowing lanterns among yellow leaves.

And in winter when the scent of pine perfumes the cold air.

Knowing that little more than leaves will fall in autumn winds makes trees that much easier to love and applaud year-round, not only on Arbor Day.

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While Ohio law allows you to trim branches at the property line, you can't saw down the dead tree next door that could fall on your house.

First, try to encourage the neighbor to get a certified arborist or a consulting arborist to check the tree, said Victor Merullo, a Columbus lawyer and tree-law expert who lectures across the country.

If that doesn't work, hire an arborist for an assessment.

Send a copy of the report to the neighbor by registered mail along with a letter telling him that he should notify his insurance company of the hazard. The insurance company may decline coverage caused by a known hazard.

A weak tree can crack and fall on the roof of a house, causing damage.