failed poplar into neighbours garden

[HCR]

Just to be clear, the duty on the landowner is "to take such care as was reasonable in all the circumstances of the case, but that there is no obligation on an occupier or landowner to make his land completely safe" (Micklewright v Surrey County Council [2011] EWCA Civ 922).

 

If there is no breach of that duty, there is no liability and any claim will fail.

 

In the judgement of that case:

 

the Claimant has failed to discharge the burden of proof on her. The balance of probabilities is that [the Defendant’s expert] was correct in his view expressed to the Coroner that this was an unforeseeable accident. Even if there had been a proper system of inspection in place, the defect in the branch would not have been revealed so as to enable the accident to be avoided. Whilst I have every sympathy for the Claimant in this tragic case, as the law stands and with there being no absolute liability for damage caused by highway trees, the result is that her action must fail

[jose]

Like they said gather as much info as you can.

had a similar situation where a tree report was done, advised removal of a oak due to root decay. Council tree officer refused it.

1 month later fell over onto the adjacent house and 1 day old car.

Guy had to claim off his house insurance.

council said not our problem and that was that!

[Treemoose]

Like they said gather as much info as you can.

had a similar situation where a tree report was done, advised removal of a oak due to root decay. Council tree officer refused it.

1 month later fell over onto the adjacent house and 1 day old car.

Guy had to claim off his house insurance.

council said not our problem and that was that!

 

Surely if it had a report that advised the tree to be removed and council refused then tree falls over that's got to be the council liable right?

Couldn't the customer take them to court?

[Brett]

There's only one way to sort this out................................... FIGHT!!!

 

so many problems in life could so easily be solved with a good old dust up!

[felixthelogchopper]

Surely if it had a report that advised the tree to be removed and council refused then tree falls over that's got to be the council liable right?

Couldn't the customer take them to court?

 

Best left to the insurance company. They have the nice big legal departments that such a claim would take

[jose]

He did try to argue and thats what they said in efffect. in the end he gave up as his home insurance did pay out.

[felixthelogchopper]

He did try to argue and thats what they said in efffect. in the end he gave up as his home insurance did pay out.

 

Did the insurers go after the council?

[spuddog0507]

i know what i would do first take a shed load of photos from all angles with date on ,cut tree up and chuck it back over the fence where it came from,its next doors tree so why shoud,nt they pay to have there rubish removed,if i emptyed my bin over into next doors and said it was a act of god could i get away with it ????,dought it,or if there kids kicked there ball over they would want it back,,,Good luck

[daltontrees]

Quick response to Jose's post. If Council refuses an application and the damage then caused by a tree was foreseeable, the Council is statutorily responsible for compensation. Have a look at the Act, I can't remember the English Act paragraph.

[jose]

Sorry been away from the pc a bit.

TBH i dont know if his insurance pursued it but know them companies they do normally.

 

I have not been back to that client so i cant get any updates.

 

But i would have thought it would have been a clear cut case and the council would have no room to maneuver.

I mean if a tree report is done and they blatanly refuse to consider the advice then they should foot the whole costs and consequebces.

 

Will keep the info in the back of my head for the future though.

Cheers