Your liability for hazardous trees
The owner and/or occupier of land upon which trees stand is generally liable for any loss or damage resulting from falling branches or from the falling of the tree itself. Falling branches have resulted in deaths and caused serious road accidents. If there is any doubt about the status or ownership of land containing trees landowners are strongly advised to clarify the situation as a matter of urgency. In the meantime it would be sensible to assume ownership and responsibility and take action as necessary in order to minimise potential future liability.
Legislation
Under the Health and Safety at Work etc. Act 1974, all occupiers have responsibilities to ensure the safety of those not in their employment. “Occupier” is generally taken to mean any person occupying or having control
of premises, in this case land. In addition, occupiers have duties under the Occupiers Liability Act 1984. This states (s2) that the occupier owes a "common law duty of care" to visitors and those who enter his land or premises and this duty of care extends to trespassers. In Scotland there is no such distinction in the law.
Liability of Tree Owners
Occupiers must take reasonable steps to manage and reduce risk and these steps include regular inspections of trees to identify those that might cause injury or place property at risk. When hazardous trees are identified suitable remedial action must be taken to reduce risk.
The Courts expect owners in control of places where the public has access, such as parks and gardens, to take greater care than those in control of more remote woodland. In addition, the Courts expect occupiers to be prepared for children to behave less carefully than adults and thus consideration must be given to whether children might suffer injury from climbing trees which may have weak or damaged branches.
Occupiers are also advised to ensure that any person carrying out work on their trees is competent and holds adequate Public Liability insurance that covers both contractor and employer, i.e. the occupier against any
unforeseen consequence of the work. In the event of an accident the occupier may be held liable if the contractor does not have suitable or sufficient insurance.
Recent case law has confirmed and clarified the responsibilities (Poll v Viscount Asquith 2006). A motorcyclist suffered serious injuries when they collided with a fallen tree. The landowner was found liable even though they had hired a forestry inspector. But it was held that the contractor was not sufficiently experienced. He had relied on “drive by“ inspections and not carried out a closer inspection of a tree that clearly should have received one.
Local Authorities
Local Authorities have certain powers to deal with dangerous trees that overhang the highway. They can give notice to the owner requiring them to cut or prune the tree. If the owner fails to comply the Authority may carry
out the work and charge the owner. (Highways Act) Local authorities retain control of trees that are covered by Tree Preservation Orders.
Inspections
It is essential that a planned inspection programme is established which ensures trees are inspected as often as is necessary. Inspections must only be undertaken by a suitably experienced and competent person and should lead to the carrying out of a risk assessment. Inspections are best made in September or early October unless there are indications that checks need to made immediately e.g. after severe storms. The initial visual inspection may indicate that more detailed examination is required. The inspection should include the entire tree, not just those parts that appear in a poor condition or in danger of falling. There cannot be specific guidance on the frequency of inspections since it is entirely dependent upon risk. Inspections should concentrate on those areas where there is a significant risk to persons or property. Such locations would include woodland containing paths and recreational areas or adjacent to a public highway or thoroughfare. In such locations there might need to be regular inspections after any period of severe weather in addition to an annual inspection. However, where there is limited risk e.g. in remote areas where there is little public access the frequency of inspection can be reduced.
Risk Assessment
The risk assessment should consider the following:
* Location of the tree in relation to people, property and adjacent thoroughfares
* Species of tree – some are better able to withstand decay
* Nature and type of decay or fungal attack
Hazardous Trees continued
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DISCLAIMER
Any external products and services listed do not necessarily carry the endorsement of retirement-flat-living or imply a recommendation. retirement-flat-living.co.uk does not recommend any of the advertisers and cannot be held responsible for any work undertaken by or purchased from any advertiser on this site.
Whilst retirement-flat-living makes every effort to ensure that the articles included in the web site are accurate at the time of publication it is inevitable that, as time goes by and circumstances change, the articles may contain out of date information. Readers are strongly urged to check the content of these articles before taking any action that could have legal or financial consequences. retirement-flat-living shall not be liable for any loss, damage or inconvenience arising from inaccuracies.