Is a falling tree an act of god or an act of negligence?
Whether council or privately owned, those who manage land with trees are legally obliged to take reasonable care to avoid accidents and likely injury.
Very often due to the size of trees and the height from which branches fall, if a falling tree or branch strikes an individual it can cause injury. These injuries can range from minor cuts & bruises to a serious life changing injury, such as a brain or spinal cord injury.
Responsible owners may include local authorities, management companies, private individuals and employers. The extent of their duties can vary, but all need to assess the risks of accidents or injuries from falling trees. Owners should consider taking into account the size and condition of the trees, to predict any potential risks. Where weakness or disease is identified, trees should be felled.
For trees that are overhanging a public pathway, annual checks should be undertaken to make sure that they remain safe and do not pose any risks to passer-by’s. If the owner has not carried out regular inspections, then your accident may have been caused by the owner’s negligence. If you or a family member has been injured as a result of a fallen tree, it is important to:
It is important to seek legal advice if you have been injured in these circumstances, as you may be entitled to make a claim for compensation. We can obtain compensation not only for your injury but also for any financial losses incurred, such as loss of earnings, as a result of the accident and for the cost of any necessary surgery and private treatment received.
An owner has a duty to take reasonable care to identify and prevent any potential risks, including assessing the risk of trees on their land.
How can claiming for compensation from help me?
Suffering an injury can have serious consequences for you and your family, with many people requiring time off work and having to survive on limited sick pay following an accident. Pursuing a claim for being involved in a serious accident, such as a falling tree will not only ensure that you are properly compensated for your injury, but will mean that you are reimbursed for any losses and expenses that you have incurred. This includes any lost earnings or future loss of earnings if your injury means that you have to take time off work or cannot return to work at all, as well as the cost of medical treatment and travelling to appointments.
Claiming compensation will give you access to the best rehabilitation and treatment providers to maximise your recovery following the accident. The NHS provides excellent care at the acute stage following an injury, but long term rehabilitation can be lacking. Making a successful claim for compensation will mean funding is made available for a range of expert input where appropriate.
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