When Could You Make a Falling Tree Injury Claim?
A Falling Tree Injury Claim is not simply about proving that a tree or branch fell and caused an injury. Trees can fall naturally, particularly during severe weather, and not every incident will mean that somebody was negligent or legally responsible.
The key question is often whether there were signs that the tree posed a risk and whether the person or organisation responsible for it knew, or reasonably should have known, about that risk before the accident happened.
Responsibility can also depend on where the tree was located and who owned or controlled the land. A tree could be situated on private property, council land, business premises, school grounds or another managed site, and identifying the correct person or organisation responsible is not always straightforward.
The condition of the tree before the accident may also be important. Dead branches, disease, structural damage, previous complaints or earlier inspection and maintenance records could all become relevant when investigating whether reasonable steps had been taken to manage the risk.
In this article, we look at when a falling tree or branch could lead to a Falling Tree Injury Claim, who may be responsible for maintaining the tree, how storms and extreme weather can affect liability and what evidence may help establish the condition of the tree before the accident.
Quick Links:
- When Is a Falling Tree an Accident, and When Could Someone Be Responsible?
- Who Is Responsible for Maintaining the Tree?
- When the Landowner and the Tree Owner Are Not Necessarily the Same Person
- What Signs Could Indicate That a Tree Posed a Risk?
- Storms and Extreme Weather: Does Bad Weather Mean No One Is Liable?
- The Condition of the Tree Before the Accident Could Be the Key
- Limitation Dates for Public Liability Claims
- Why Choose Stonehewer Moss?
If you have been injured by a falling tree or branch and would like to understand whether somebody may have been responsible, call 01606 872200 or arrange a free 30-minute consultation with Stonehewer Moss Solicitors.
When Is a Falling Tree an Accident, and When Could Someone Be Responsible?
Trees and branches can fall without anyone being negligent. Strong winds, heavy rain, natural decay and other environmental factors can all contribute to a tree or branch coming down, and sometimes there may have been no reasonable way for the incident to have been predicted or prevented.
The fact that somebody has been injured by a falling tree does not automatically mean that another person or organisation is legally responsible.
What Was Known About the Condition of the Tree?
The key issue in a potential Falling Tree Injury Claim may be what was known, or what reasonably should have been known, about the condition of the tree before the accident happened.
If there were signs that the tree was diseased, damaged, unstable or otherwise posed a foreseeable risk, questions may arise about whether reasonable steps should have been taken to inspect, maintain or manage it.
Could the Risk Reasonably Have Been Identified?
Liability may therefore depend on whether the person or organisation responsible for the tree had reason to know that there was a problem, or whether a reasonable inspection or maintenance regime could have identified the risk.
Every case will depend on its own circumstances. A tree that falls unexpectedly despite appearing healthy may be very different from one that had obvious signs of damage, decay or previous problems.
The central question is not simply whether the tree fell, but whether the risk of it falling was something that could reasonably have bee
Who Is Responsible for Maintaining the Tree?
One of the first questions in a potential Falling Tree Injury Claim is who was responsible for the tree and the land on which it stood.
That is not always as simple as it might first appear. Responsibility can depend on ownership, occupation and control of the land, as well as the circumstances in which the tree was being managed.
Trees on Private Land
If a tree is located on privately owned land, the landowner or occupier may have responsibilities relating to its condition and maintenance.
Whether they could be liable for an injury will depend on the circumstances, including whether there were signs that the tree posed a risk and whether reasonable steps had been taken to inspect or manage it.
Trees on Council or Public Land
Where a tree is situated on council land or another public area, responsibility may rest with the local authority or another public body responsible for managing that location.
This could include trees beside roads, in parks, on public footpaths or within other maintained public spaces.
Trees on Business Premises, Schools and Other Managed Sites
The position may be different again where a tree is located on business premises, school grounds or another managed site.
In these situations, responsibility may depend on who owns the land, who occupies it and who has responsibility for inspecting and maintaining the area.
This is why identifying the person or organisation responsi
When the Landowner and the Tree Owner Are Not Necessarily the Same Person
Identifying who is responsible for a tree is not always as straightforward as identifying who owns the land around it.
A tree may stand close to a boundary, overhang neighbouring land or affect an area used or controlled by somebody other than the person who owns the land on which the trunk is situated. In some situations, responsibility may therefore be less obvious than it first appears.
Boundary Issues Can Make Responsibility Less Clear
Where a tree is positioned on or close to a boundary, it may be necessary to establish exactly where the tree is rooted and who owns or controls the relevant land.
Branches may extend over neighbouring property, but that does not necessarily mean the neighbouring occupier owns the tree itself.
Ownership and Control Can Be Different
There may also be situations where one person owns the land but another person or organisation is responsible for managing or occupying it.
For example, land could be leased, maintained under a separate agreement or managed by a business, school, council or other organisation. Depending on the circumstances, this may affect who had responsibility for inspecting or maintaining the tree.
Identifying the Correct Defendant Can Take Investigation
This is why identifying the correct person or organisation to pursue can sometimes be more complicated than simply looking at whose name appears on the property.
As part of a Falling Tree Injury Claim, it may be necessary to consider ownership records, the location of the tree, who controlled the land and who was responsible for maintaining the area at the time of the accident.
Getting that question right can be an important part of establishing whether somebody owed a relevant duty and whether reasonabl
What Signs Could Indicate That a Tree Posed a Risk?
When investigating a Falling Tree Injury Claim, the condition of the tree before the accident may be an important part of understanding whether the risk could reasonably have been identified.
This does not mean that members of the public are expected to inspect trees themselves. The issue is whether there were signs that may have been relevant to whoever was responsible for inspecting, maintaining or managing the tree.
Visible Signs of Damage or Decay
Some warning signs may be relatively obvious. These could include dead or broken branches, visible decay, significant cracks, damage to the trunk or branches, or areas of the tree that appear unstable.
Signs of disease or deterioration may also be relevant, particularly where they could have been identified during a reasonable inspection.
Previous Problems or Reports
Not every warning sign will necessarily be visible to somebody simply passing the tree.
There may have been previous reports about falling branches, concerns raised by members of the public, earlier maintenance work or other incidents involving the same tree.
If concerns had already been reported, this could become relevant when considering what the responsible person or organisation knew about the condition of the tree.
Was a Reasonable Inspection and Maintenance Regime in Place?
The important question is not whether somebody could identify every possible defect simply by looking at a tree.
Instead, an investigation may consider whether a reasonable system of inspection and maintenance was in place and whether any warning signs should have led to further checks or action.
Every case will depend on the circumstances, including the location of the tree, its condition, any previous concerns and what information was available before the accident occurred.
Storms and Extreme Weather: Does Bad Weather Mean No One Is Liable?
When a tree or branch falls during a storm, it can be easy to assume that the weather alone explains what happened and that nobody could possibly be responsible.
In some cases, that may be true. Severe weather can bring down trees and branches that showed no obvious signs of being unsafe beforehand, and not every accident caused during a storm will involve negligence.
Bad Weather Does Not Automatically Answer the Liability Question
The existence of strong winds, heavy rain or other extreme weather does not necessarily mean that every question about responsibility disappears.
A Falling Tree Injury Claim may still involve looking at the condition of the tree before the storm and whether there was already a defect, weakness or known problem that increased the risk of it falling.
Was There Already a Problem With the Tree?
For example, a tree may have had dead branches, structural damage, disease or other deterioration before bad weather arrived.
If there was an existing issue that should reasonably have been identified, the fact that a storm ultimately caused the tree or branch to fall may not necessarily be the end of the investigation.
The Circumstances Before the Storm Can Still Matter
Questions may therefore arise about whether the tree had been inspected, whether previous concerns had been reported and whether any maintenance or other action should have been taken before the severe weather occurred.
The important point is that bad weather can complicate the question of liability, but it does not automatically answer it. The condition of the tree and what was known about it beforehand may still be relevant.
The Condition of the Tree Before the Accident Could Be the Key
After a tree or branch has fallen, photographs of the scene can be useful. They may show the size of the tree, where it landed, the surrounding area and any visible damage. However, photographs taken after the accident may not tell the whole story.What Was the Tree Like Before It Fell?
One of the important questions in a Falling Tree Injury Claim may be what condition the tree was in before the accident happened. Once a tree has fallen, some of the features that may have indicated a problem beforehand can be harder to assess. The way the tree broke, the condition of its branches or roots and the state of the surrounding area may still provide useful information, but earlier evidence can sometimes give a clearer picture.Maintenance and Inspection Records May Be Relevant
Depending on the circumstances, maintenance records, inspection reports or records of previous work carried out on the tree may help establish how it had been managed before the accident. Previous complaints or reports about the tree may also be relevant, particularly if concerns had already been raised about dead branches, disease, instability or other potential hazards.Limitation Dates for Public Liability Claims
If you are considering a Falling Tree Injury Claim, it is important to be aware that there are time limits for bringing a personal injury claim.
In England and Wales, the usual limitation period for a personal injury claim is three years. Under the Limitation Act 1980, this will generally run from the date on which the cause of action arose or, where relevant, the injured person’s later date of knowledge.
When Could the Date of Knowledge Be Relevant?
In many falling tree or branch accidents, the date of the incident itself will be clear. However, the law also recognises the concept of a person’s date of knowledge.
This can become relevant where somebody does not immediately know certain important facts about their injury or its connection with the act or omission being alleged.
Exactly how limitation applies will depend on the individual circumstances, which is why it can be important to obtain advice rather than assuming that a particular date automatically applies.
Why You Should Not Leave Investigating a Claim Until the Last Minute
Even where there appears to be plenty of time remaining, delaying an investigation can make gathering evidence more difficult.
Trees may be removed, surrounding areas can change and maintenance or inspection records may become harder to obtain. Witnesses may also become more difficult to identify and memories can fade over time.
Where the condition of the tree before the accident could be important, starting enquiries sooner may provide a better opportunity to identify photographs, previous complaints, inspection reports and other information that could help establish what happened.
For that reason, it is generally sensible to seek advice as soon as reasonably possible rather than waiting until the three-year limitation period is approaching.
Why Choose Stonehewer Moss?
A Falling Tree Injury Claim can involve more than simply showing that a tree or branch caused an injury.
The important questions may include who owned or controlled the land, who was responsible for maintaining the tree, what condition the tree was in before the accident and whether there were any previous signs that it posed a risk.
Speak to an Experienced Personal Injury Solicitor
At Stonehewer Moss, you can speak to a qualified solicitor about what happened and the circumstances surrounding your accident.
We can consider the information already available and look at whether further enquiries may help establish who was responsible for the tree and whether reasonable steps had been taken to inspect or maintain it.
Investigating the Evidence Behind the Accident
Depending on the circumstances, a claim may involve looking at photographs, inspection records, maintenance documents, previous complaints, weather information and evidence relating to the ownership or control of the land.
Every case is different, and sometimes the evidence may show that the tree fell without anybody being at fault. In other cases, there may be questions about whether an existing problem should reasonably have been identified and dealt with before the accident happened.
Free Initial Advice About Your Claim
As an APIL accredited firm, our solicitors have experience handling personal injury claims and assessing the evidence needed to investigate them properly.
And because it’s Free to See if you’ve got a claim, there is nothing to lose by having an initial conversation about what happened.
If you have been injured by a falling tree or branch and would like to understand whether somebody may have been responsible, call 01606 872200 or arrange a free 30-minute consultation with Stonehewer Moss Solicitors.
Frequently Asked Questions
Possibly. A Falling Tree Injury Claim may be considered where there is evidence that somebody responsible for the tree knew, or reasonably should have known, that it posed a risk and failed to take appropriate action.
Liability may depend on who owned, occupied or controlled the land and who was responsible for inspecting or maintaining the tree. This could be a private landowner, business, local authority, school or another organisation.
No. Severe weather can make liability more complicated, but it does not automatically mean nobody could be responsible. The condition of the tree before the storm and whether there were existing defects or previous concerns may still be relevant.
Useful evidence may include photographs, maintenance records, inspection reports, previous complaints, weather records and information showing who owned or controlled the land where the tree was located.
In England and Wales, the usual limitation period for a personal injury claim is three years, although the exact date can depend on the circumstances. It is generally sensible to seek advice as soon as possible because evidence can become harder to obtain over time.
