Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Is Council liable for tree branches dropping ?

Is Council liable for tree branches dropping ?

Postby inshallah » Wed Oct 11, 2017 2:57 pm

Is Council liable for damage caused by tree branches dropping onto a Parked Car (assigned parking space) ?
The Council do inspect and cut back the tree from time to time, by their own admission. All this is on land
owned by the Council and the parking space is one assigned for 1 of their properties let to disabled person.
inshallah
 
Posts: 32
Joined: Sat Jul 29, 2017 9:12 pm

Re: Is Council liable for tree branches dropping ?

Postby atticus » Wed Oct 11, 2017 3:36 pm

Wasn't there a case involving Westminster Council (I think) a few years ago? Do you have a swarb write up, David?
atticus - a very stable genius
User avatar
atticus
 
Posts: 20093
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Is Council liable for tree branches dropping ?

Postby Hairyloon » Wed Oct 11, 2017 4:28 pm

I believe the test is one of reasonable diligence.
If the tenant had reported the problem and it had been ignored for a long time, then that would be one thing, and if there was no sign of weakness until a storm blew it out, then that would be quite another.
In the first scenario though, one might argue that the driver has a responsibility for parking under a tree that he knows is unsafe...
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 10201
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Is Council liable for tree branches dropping ?

Postby atticus » Wed Oct 11, 2017 6:28 pm

Delaware Mansions v Westminster City Council - swarb.co.uk.

(Interesting that Rylands v Fletcher is cited.)
atticus - a very stable genius
User avatar
atticus
 
Posts: 20093
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Is Council liable for tree branches dropping ?

Postby Hairyloon » Wed Oct 11, 2017 7:59 pm

Interesting, but I'm not seeing that it helps here, except to emphasise the use of the concept of "reasonable".
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 10201
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Is Council liable for tree branches dropping ?

Postby atticus » Wed Oct 11, 2017 8:09 pm

No. It's in relation to foreseeability.
atticus - a very stable genius
User avatar
atticus
 
Posts: 20093
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Is Council liable for tree branches dropping ?

Postby inshallah » Wed Oct 11, 2017 8:16 pm

Thanks for the reply. I found this link which also seems useful. The facts are
that a branch fell off a tree onto a car that a disabled friend of mine owns.
https://www.aviva.co.uk/risksolutions/d ... _trees.pdf

The Council were speaking as if they would settle, then got a claims company involved
who seek to avoid liablity. They say though that council last inspected the tree in 2014
and were intending doing again in 2019 >Seemed a bit odd to say that .
inshallah
 
Posts: 32
Joined: Sat Jul 29, 2017 9:12 pm

Re: Is Council liable for tree branches dropping ?

Postby atticus » Wed Oct 11, 2017 8:21 pm

inshallah wrote:[someone or something] Seemed a bit odd to say that .

Why? The council was saying it had a programme of checking, and presumably that that programme was a reasonable one.
atticus - a very stable genius
User avatar
atticus
 
Posts: 20093
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Is Council liable for tree branches dropping ?

Postby inshallah » Wed Oct 11, 2017 8:34 pm

atticus wrote:
inshallah wrote:[someone or something] Seemed a bit odd to say that .

Why? The council was saying it had a programme of checking, and presumably that that programme was a reasonable one.


Well I mean when comparing to the AVIVA advice ,and the fact that there were some storms/strong winds between 2014
and 2017 . Would have thought they would have followed the advice of AVIVA and check at least every year
particularly with the loose branches caused by storms.
inshallah
 
Posts: 32
Joined: Sat Jul 29, 2017 9:12 pm

Re: Is Council liable for tree branches dropping ?

Postby Hairyloon » Wed Oct 11, 2017 9:16 pm

inshallah wrote:Would have thought they would have followed the advice of AVIVA and check at least every year
particularly with the loose branches caused by storms.


Did you report the loose branches on the tree in question?
The council cannot and should not be expected to do everything for everybody: the public has a duty to let them know about things that need to be done.
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 10201
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Next

Return to Torts - Negligence, Defamation and others

Who is online

Users browsing this forum: No registered users and 1 guest