Managing the risks of legal liability for falling trees

With recent high winds many parks may be susceptible to falling trees. This article explains how to take the necessary precautions as to reduce the risk of falling trees, and the potential repercussions of failing to do so. 

High winds can damage branches, causing them to snap off at any time, which makes it increasingly important that caravan & holiday parks have procedures in place to assess the risk of trees causing damage to either property or to the public.

As a park owner you may have trees close to buildings, caravans, walkways and roads. The Health & Safety Executive (HSE) emphasises that the risk of being struck or killed by a falling tree is extremely low (about 5 or 6 people are killed each year in the UK) however parks are advised to carry out risk assessments on the trees to reduce the likelihood of an accident and to ensure that if an accident does occur they can provide evidence of the steps taken to prevent it.

There have been a number of previous cases that highlight the importance of such checks. In 2002 Birmingham City Council was fined £150,000 after 3 people were killed by a falling tree. The fine was brought as it was identified that the trees' roots were 90% rotten and that, with adequate inspection, the accident could have been avoided.

A tragic accident in 2007, at a National Trust site, led to the death of a schoolchild as he was struck by a falling branch whilst sheltering from the rain. In this case the National Trust had put in place an inspection programme to ensure all trees, in or near public places, were inspected to assess whether they represented a risk to life or property. The judge involved recognised this and ruled that the National Trust was not negligent or in breach of its duty.

In 2007 the HSE published guidance on how to manage risks from falling trees.  The following key points were highlighted:

Local authorities & owners/occupiers should carry out an overall assessment of the risk from trees.  At the very least trees should be zoned according to risk based on the position of the trees and degree of public access.

For trees in frequently visited zones there should be a system for periodic and pro-active assessments.  This should involve a quick visual check for obvious signs that a tree is possibly unstable.

Once a tree has been identified as having a structural fault that carries a serious risk to others, action should be planned & taken to manage that risk.

If procedures are followed correctly and regular risk assessments and checks are carried out and recorded, HSE prosecutions and civil claims can be successfully defended.

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