What's my duty of care - legal AND moral?

[janey]

I spotted this Tilia (Lime) way back in March of this year.

 

It's in a Country Park which is very popular with kids and families and is adjacent to the main foot path.

 

It's fairly obvious from the pics why I'm concerned about this tree and additionally there's a lot more die back in the crown than what you'd usually expect for a lime.

 

I reported my concerns to one of the staff members in the main shop and reception area and said that they should get someone to look at the tree asap. I left my contact details and credentials... What more am I supposed to do?

 

One of my friends has told me the tree is still there and to his eyes, there are no signs that there has been any sort of inspection undertaken or work carried out. I'm not happy about this tree, given it's condition, location and targets and I feel that the ownrs should be doing something about it. Should I, as an experienced and qualified arb, be taking this further or have I done "my bit" and now leave it?

 

Your thoughts, please.

[skyhuck]

Get down there real early one morning while no ones around and fell it, at least then it will be safe!!!

[Riggerbear]

Hi Janey,

I had the same situation just last week with 3 roadside trees owned by the National Trust. Popped in and spoke to the site manager and he was really interested in what i had to say and wanted me to show him what i had found etc.

I did think twice about saying anything and i didnt want to come across as a busy body but i thought that at the end of the day if i found out that someone had been hurt by these trees and i had not done anything about it how would i feel then.

I'd make some further enquiries as to who owns them and maybe speak to someone higher up in the chain.

[janey]

Hi Janey,

I had the same situation just last week with 3 roadside trees owned by the National Trust. Popped in and spoke to the site manager and he was really interested in what i had to say and wanted me to show him what i had found etc.

I did think twice about saying anything and i didnt want to come across as a busy body but i thought that at the end of the day if i found out that someone had been hurt by these trees and i had not done anything about it how would i feel then.

I'd make some further enquiries as to who owns them and maybe speak to someone higher up in the chain.

 

That's exactly how I feel. I know by alerting a staff member to my concerns that I have done enough and not simply ignored a dodgy tree.

 

But I think the fact that I'm asking your advice shows that I'm not happy with just leaving it at that. I'll look up the contact details and try to contact someone higher up, as you suggested.

[Matthew Arnold]

You've informed them so now the ball is firmly in thier court. If the tree fails then its the site managers ass on the line not yours.

[Graham]

Email them your observations and concerns then at least it's in black and white

[janey]

Email them your observations and concerns then at least it's in black and white

 

I've just googled the place and sent a very brief email to the generic address I found for them . It's only taken me three months to get around to doing it .

 

As you say, my concerns are set out in black and white, so it's now up to the tree's managers how thet proceed.

 

Hopefully I can now stop worrying about this tree and start obsessing about something else

[Steve Bullman]

There's every possibility the member of staff you reported it to didn't really give a toss about their job and likely didn't even pass the message on

[WeeDee]

There's every possibility the member of staff you reported it to didn't really give a toss about their job and likely didn't even pass the message on

 

I was thinking along the same lines.

I've found that the staff that are working at the shop till aren't working elsewhere for a very good reason.

[cerneARB]

I was thinking along the same lines.

I've found that the staff that are working at the shop till aren't working elsewhere for a very good reason.

 

Ditto,Someone who works in a shop really may not give a hoot about it.Go over there head and go further up the chain of command.Looks as if one of the buttress roots is decaying and with the kretzschmaria too, could possiably be a major failure,think that it does need a more detailed inspection.

 

I have done stuff like this, even thou its not my "duty of care", but i would not want to live with my conscience if the tree failed and injuried or killed someone.

 

once its in their hands, then its a "forseable" hazard and its up to them to sort it...think thats the best you can do janey.