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Nasty accident


Matthew Arnold
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we have everything documented, but with 8 crews of 3/2 and 220k trees its sometimes a catching up game

 

In the last place I worked we had a claim following a serious injury - not tree related but the points of law remain the same. Although the feature in question hadn't been inspected, a regime was in place and was well documented.

 

In other words, the court accepted our defence and was satisfied with the notion that with the best will in the world no one can inspect everything all at once. Or to put it yet another way, the duty of care extends to taking all reasonable steps to ensure the safety of your visitors. Superhuman efforts are not required and the resources available are a material consideration.

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In the last place I worked we had a claim following a serious injury - not tree related but the points of law remain the same. Although the feature in question hadn't been inspected, a regime was in place and was well documented.

 

In other words, the court accepted our defence and was satisfied with the notion that with the best will in the world no one can inspect everything all at once. Or to put it yet another way, the duty of care extends to taking all reasonable steps to ensure the safety of your visitors. Superhuman efforts are not required and the resources available are a material consideration.

 

As is the likelihood of an incident occurring. :001_smile:

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