highways agency who pays ?

[lurch_917]

just a thought over this windy time if im driving down the road and get hit by a tree or part of  who pays when the local council has told the highways dep. not to cut back growth because of nesting birds . it cant be a act of god then as they haven't maintained them so there is a fault but who's ?

[topchippyles]

1 hour ago, lurch_917 said:

just a thought over this windy time if im driving down the road and get hit by a tree or part of  who pays when the local council has told the highways dep. not to cut back growth because of nesting birds . it cant be a act of god then as they haven't maintained them so there is a fault but who's ?

What do you think car insurance is for.

[Pete Mctree]

The highways  may be selective in there works during nesting season, however they have a duty of care & dangerous trees would be made safe irrespective.

[JaySmith]

Not sure what authority the local council has to tell the highways authority not to cut back growth. The highways authority has a duty of care to manage its tree stock and this includes regrow the as was outlined in Chapman v Barking and Dagenham.

If there is foreseeable risk and likelihood of failure then the highways authority would need to act to mitigate the risk.

[Khriss]

Big rambling case on Amey, near Rugby little while ago, was complete dogs dinner. K

[Treerover]

Surely it depends on how the failure of the tree has occurred?
If it was foreseeable due to fungal infection, structural defect etc then I’d say there may be a case against the trees owner, but if the worst winds for 30 years ripped off a perfectly healthy limb then I think you’d be struggling to point blame ?

[JaySmith]

Big rambling case on Amey, near Rugby little while ago, was complete dogs dinner. K

What happened then?

[openspaceman]

46 minutes ago, JaySmith said:

 

What happened then?

This one?

 

 

[skyhuck]

If the tree was foreseeable dangerous the owner would be liable, but a strong enough wind will fell any tree, so that's "act of god"