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

[treequip]

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.

 

Janey’s “ass” was never on the line, just a concerned citizen reporting something to the proper authorities.

[Gollum]

Hello Janey

 

I had a similar thing with a customer who did not want to listen.

so i contacted the local tree officer,

tree sorted.

[Ian C]

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

 

jobs a goodun.

[Mike Hill]

Chalk up the Face Cut and back Cut so its easier to see in the Dark.

[janey]

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

 

Considering the looks she was giving me, I'm surprised she didn't try to chase me out of the shop with a novelty soft toy pig

 

As it was a Sunday, late and near closing time, she was about the only staff member with a reasonable IQ I could find. I tried to persuade myself that as a paying member of the public at the Park I had done my duty, but it's been nagging at me ever since.

[felixthelogchopper]

Legally, you owe no duty of care whatsoever unless you are acting in a professional capacity in inspecting the tree. Morally, only you know the answer to that but my guess would be it will bother you enough to make sure the till assistant did pass on your warning.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I would be exactly the same.

[David Goss]

Janey you did what you could so now you can relax and stay well clear of the tree on a windy day!

[Tony Croft aka hamadryad]

Tillia with kretz, in an obvious place, how did it get overlooked anyway?

 

their duty of care is not being fullfilled, and if it had comedown on someone, the prosecution would have an easy ride.

 

fair play Janey.

[brassmonkey001]

Perhaps send the manager or owner a letter on headed notepaper (if you run your own business) with your qualifications detailed to show them that you know what you are talking about instead of just some punter who thinks a tree looks dodgy, and what your concerns are.

That way, you might even get some work out of it.

[Dilz]

i agree, when employed in a professional manner it is your professional responsibility to identify any dangerous issues, much like a doctor has duty of care to give a correct diagnosis of a patient. As soon as you have informed the owner of the tree of any safety issues then the duty of care is passed on to them, and if it is a real nasty dangerous looking thing then do it in writing so as to cover ur ass should it all go wrong, but as for identifying something that you notice when not working is just doing to decent thing and I dont believe you have a legal duty of care for that tree, but will sleep soundly at night.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I would be exactly the same.