Tree branch deaths and the duty on local authorities

Thursday 29th September 2011

With the weather turning autumnal, two cases below involving trees become particularly relevant.

Micklewright v Surrey County Council [2011] EWCA Civ 922 (28 July 2011)

The tree in question stood adjacent to the highway, and the claimant's husband had legally parked his car beneath its overhang. He was killed when a branch, which weighed almost a ton,  broke away from the trunk and struck him. The local authority accepted that it did not have in place a proper system for inspecting the trees bordering its highways, and there were no written records.  Also, before an investigation had been carried out local authority employees had sawn up the branch and disposed of most of it. The trial judge directed himself that the claimant had been disadvantaged by the disposal of the branch and he was therefore required to evaluate her evidence "benevolently" and the local authority's "critically". He found that extensive internal decay was a major factor in the branch's failure, but that even if the defendant had inspected the branch the extent of the decay would not have been evident.  The claim was dismissed and the claimant appealed.

The Court of Appeal agreed that there has been a breach of duty but could not interfere with the factual finding by the judge in the first instance, that the branch showed no external signs of decay.  Accordingly, the appeal was dismissed.

Harry Bowen & Others v The National Trust [2011]  EWHC 1992 (QB) (27 July 2011)

Whilst on an orienteering event, a group of children took shelter from the rain under a 160-year-old beech tree. A branch, weighing almost two tonnes, fractured and fell on the children, killing one and seriously injuring three others. The National Trust accepted that it owed the children a common law duty of care but denied that they were negligent in carrying out that duty of care.

The National Trust was not liable in negligence or in breach of its duty of care as its tree inspectors had exercised all the care expected of reasonably competent persons doing their job in undertaking a risk assessment of the tree. The defendant had given the tree inspectors adequate training and instruction on how to complete the risk assessment of the tree. To place further requirements on the defendant would mean the defendant had to do more than was reasonable to see that the children enjoying the use of this wood were reasonably safe to do so.

Comment

As local authorities are obliged to manage their ever-scarcer resources, the ability to adequately inspect trees within their control becomes more challenging.  These cases, however, show that with documented risk assessments by trained inspectors it is possible to successfully defend claims arising from falling tree branches.  There is no absolute liability for damages caused by highway trees, despite any sympathy the court may feel for Claimants.

Ashfords' Personal Injury Team has extensive experience in all areas of personal injury claims, ranging from accidents on public property or at work to road traffic accidents and clinical negligence.  If you have had a claim made against you and would like to discuss your options, please contact Flora Wood, Partner, on 01392 334020.