Storms
Storms and severe weather warnings appear to be on the increase. In the wake of our recent spate of storms, we think business should be aware of the risks. But, more importantly, there are solutions regarding trees on their commercial properties.
The majority of the media concentrates on how storm conditions affect travel. We want to point out, there is actually a real risk to people and property from the damage and possible injuries caused by falling trees and branches.
Storm criteria for insurance:
- Gusts of wind reaching 55 mph or higher
- 25 mm or more of torrential rain falling each hour
- Snowfall lasting at least a foot in a single day
- Hail so strong it breaks glass or damages hard surfaces
After winter storms, the problems usually stem from diseased or damaged trees rather than healthy trees that are leafless. This can lead to questions about who is responsible for any harm or damage those trees may cause.
Whose tree?
Who bears the legal responsibility for any harm caused by a fallen tree?
It is the person who owns the property where the tree is planted. They may be held liable if the tree falls or if branches or other debris falls from it. They are responsible for the health and safety of anyone who might be affected by any problems with the tree.
Roots, falling trees & branches
When it comes to trees, there are risks to personal health and safety as well as the possibility of serious property damage from both above and below.
All kinds of ground surfaces are susceptible to roots penetrating through them, requiring expensive repairs. The potential for trip accidents, from roots or paving damaged by roots, is a well-known hazard. They also pose a risk of causing damage to property and cars. Falling leaves make outdoor walkways slippery, increasing the risk of falls among pedestrians. Leaves can also clog gutters and drains, resulting in expensive water damage.
Strong winds increase the chance of branches breaking off and diseased or damaged trees falling and landing on people, cars, buildings, or property.
We advise you get the trees on your site inspected regularly by a suitable and competent arboriculturist.
Avoidable tragedies
Newcastle City Council was fined £280,000 in January this year for the death of a six-year-old, struck by a falling tree in a school playground. Also, an eight-year-old sustained serious, life-altering injuries from a tree that fell on a pavement outside a care home entrance. Bupa Care Homes was fined £400,000.
These events were deemed “avoidable” by the Health and Safety Executive (HSE) in press releases.
In the first instance, the HSE discovered that the tree was unhealthy and had deteriorated. The Council had neglected to assess the tree’s risk or determine how much of a problem it was. In the second case, it was discovered that the tree was unhealthy and had probably been decaying for a number of years prior to the incident. There was no tree management strategy in place at Bupa Care Homes. As a result, the risk assessment, proactive surveying, inspection, and monitoring that were required to determine whether any corrective action was required were absent.
At the end of January, this year, the HSE sent out an email bulletin reminding those in charge of school grounds that they needed to have efficient procedures in place to manage the risks posed by trees, especially in areas that staff, students, and the general public frequently access.
Technical arboricultural expertise is necessary for the establishment and execution of an appropriate tree management strategy.
Liability and responsibility
As a tree’s owner, it is your responsibility to make sure the trees on your land are secure. A professional tree surgeon’s advice and services may be necessary as you perform routine maintenance, to remove dead branches and other hazards, and to regularly inspect it for signs of disease or damage. It is crucial that you document the duration and scope of your inspections as well as any necessary maintenance that you had to perform as a result. You should keep in mind that the goal is to reduce the likelihood that bystanders will sustain injuries.
The owner of the tree may be held liable for negligence if someone is injured by a falling tree or branch. It will be more difficult to prove negligence if you can demonstrate that you took the required precautions to keep your trees safe. For this reason, it is crucial to maintain a record of your routine tree inspection and maintenance. Likewise, it’s critical to confirm that the tree surgeon you choose is qualified and covered by the proper public liability insurance. The extent of the damage the tree caused and the gravity of the accident will determine how much compensation you might have to pay if you are found to be at fault.
Duty of care
Tree owners owe their neighbours a common law duty of care regarding any risks that may arise from their property, especially if there are trees near or overhanging the property borders.
Although it is not expected of landowners and occupiers to act as “insurers of nature,” they must control the risks associated with the trees under their care. This is to shield themselves from legal and criminal consequences. Crucially, nobody wishes to return home after a full day of work knowing that they could have done something to stop an accident or fatality.
Tree & Lawn Company Ltd are accredited by The Arboricultural Association and are qualified tree surveyors and surgeons, Servicing areas such as Chelmsford, Ipswich and Southend-on-sea
For more information and regarding the legalities and insurance:
https://www.trees.org.uk/
Touchstone Underwriting
Farrer & Co
Wright Hassall
Ansons Solicitors
BakerLaw Solicitors
Jacksons Law Firm