Fatal accident: oak tree branch falls in storm

Mr I was travelling as a passenger in a taxi that was struck by a large branch which fell during a severe storm, from an oak tree on land adjacent to an A road. He suffered severe brain injuries and died three days afterwards. His widow and two children were partly dependent on him.

The case turned on the condition of the branch of the tree. The claim was that but for the damaged and poorly maintained condition of the tree, the branch would not have failed even during these extreme weather conditions.

Only minor pruning had taken place many years prior to the accident. A substantial area of damage was seen not to have been remedied in any way for one year.

There was clear visual evidence that internal decay had occurred at the site of the failing branch. Part of the branch was in a late stage of decay, very brittle and with little, or no, latent strength.

There was an adjoining area of rot decaying the main wood material of the timber.

A visual inspection from ground level and simple probing would have revealed the tree’s weakness that had been there for a minimum of 10 years.

The highway authority was sued for their failure to ensure the safety of users of the road. The occupier of the land upon which the tree stood was also sued.

The case involved a boundary dispute between the field occupier and the Council. The Council denied any duties.

The case was settled for £110,000 two weeks before the trial. The legal costs were paid by the defendants.


Paraplegia caused by fall of rotting branch in storm

Mr N was riding his Kawasaki motor cycle along an A road during a severe storm when he was struck on the head by a large branch which became detached from a beech tree.

He suffered serious life-threatening injuries. The cause of the fall of the branch was extensive fungal disease in the tree and long-standing structural weakness.

The presence of widespread fungal infestation was itself an indication of potential weakness and damage. Decay was evident over widespread areas of the tree’s base. Fracture points were evident, and broken branch stumps were present and the absence of corresponding detached branch indicated that they had been cleared.

The tree was situated in a clearly visible position and in a field in which regular cultivation took place throughout the year.

A claim was made against the owner of the land (The Crown), the tenant farmers and the managing agents.

Ploughing had been undertaken to a distance within 0.5m of the tree, which was too close for safety.

The condition of the tree plainly called for further detailed inspection and a regular programme of inspection every 2 years. Such inspection would have revealed that the branch was so compromised as to be liable to fall under its own weight even without the intervention of wind and that immediate condemning as structurally unsound and removal was necessary.

Mr N suffered fractures of the spine at levels C1-2, a fracture dislocation at C2-3, a fracture of C6-7, and a burst fracture to T5-6. He also sustained a head injury. He was paraplegic and being a craftsman was unable to work.

The case was settled by The Crown and the managing agents for £1,400,000. The legal costs were paid by the defendants.