Can anyone please help with this serious accident?

[Jesse]

The occupier liability act does not apply here if I am reading those pictures correctly. Both versions (1957 and 1984) place a duty on land owners to maintain there trees in such a state that they do not impose an unreasonable risk to visitors of their land, 57 for those invited, amended by 84 to include trespassers. It looks to me that the tree has fallen onto adjacent land in which case the duty is covered under common law. i.e. via court precedent. You would be better served reading the NTSG guidance as that gives info on inspection frequency and all other aspects.

 

Yes i stand corrected, i just looked up Chap 3, 1. (7) Thanks, but well worth seeking advice, it looks to me that someone has been negligent in this instance.

[Jesse]

I have just read all your facebook attachments, to me it looks like Witley PC have acted responsibly, as they instructed the survey in the first instance, Ganoderma applanatum was identified and Kretzscheria during that survey, a drive-by survey Sept 2009 would not have identified these two problems, i think the question to be asked is why was the tree not considered to be removed. The combination of the two defects explains why the stem fracture occurred. The tree also looks like it was in a bus stop bay, Council owned, and not fallen from privately owned land ? that should be clarified.

[aspenarb]

Has everyone overlooked the day this happened ?

 

Bob

 

UK severe weather warning: Britain battered by 105mph gales which leave 2 dead | Daily Mail Online

[Tom D]

If Kretzshmaria was noted 5 year ago that tree should have come down soon after. K. deusta causes a particularly intense white rot in lime, any surveyor worth his salt would know that. Other species could be perhaps retained for a little while with some reduction work perhaps but not lime. I have felled a fair few limes with Kretz that were like polystyrene inside.

 

 

It is also worth noting that the Highways Authority have the power to force land owners to remove trees which they deem dangerous, so perhaps some blame lies with the roads department for not enforcing this.

 

My advice would be to place all the evidence that you have in the hands of a good Arboricultural Consultant and a good Lawyer. Initial consultations would not be prohibitively expensive, and they you would know if you had a case...

[Noggin1988]

I wondered when that would come up.

 

When my brother in law was killed aged 21 the road was dreadful (potholes, recent previous deaths on same section). We saw no mileage in sueing the arse of the LA or the other driver. We were devastated but did not call the ambulance chasers - does that answer your question?

 

And don't moan when someone chases you for compensation when one of their children gets hurt playing in your unsafe garden.

 

Good luck, you are entitled to go about YOUR business however you wish.

So am I - Freedom of speech!

 

 

What a terrible thing to happen to you.

 

But in the case your comment is clearly not what we are looking for. This is a professional site so let's keep it that way. We're looking for professional points of view, not judgement.

[Jesse]

If Kretzshmaria was noted 5 year ago that tree should have come down soon after. K. deusta causes a particularly intense white rot in lime, any surveyor worth his salt would know that. Other species could be perhaps retained for a little while with some reduction work perhaps but not lime. I have felled a fair few limes with Kretz that were like polystyrene inside.

 

 

It is also worth noting that the Highways Authority have the power to force land owners to remove trees which they deem dangerous, so perhaps some blame lies with the roads department for not enforcing this.

 

My advice would be to place all the evidence that you have in the hands of a good Arboricultural Consultant and a good Lawyer. Initial consultations would not be prohibitively expensive, and they you would know if you had a case...

You have summed it up, bang on, spot on, i was going to say the same regarding Kritz, its one of the worst.

[Noggin1988]

I would just like to thank everyone so far for your help, we really appreciate it and there has been some fantastic answers/conclusions. Thanks again

[Jesse]

Being a Local Authority contractor, even for 60 years , in no way qualifies you to survey trees at a professional level, the relationship between P C's and contractors over long periods of time always provokes questions with me, as a former P C myself, i raised insurance (PI) and qualification questions regarding contractors in my area and queried why the same contractors were unqualified and under insured and still always getting the work. I think you should ask for details of the Surveyors qualifications and request a copy of his Professional Indemnity Insurance. See what comes of your enquiries.

[Jesse]

The more i have researched into this... something is not right. Your best man to represent you would be Dave Dowson from tree life 01162606939

[Jesse]

The more i have researched into this... something is not right. Your best man to represent you would be Dave Dowson from tree life 01162606939

 

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