If you are hit by a falling tree branch, can you make a claim for personal injury compensation? Given the potential consequences of being struck by a falling tree branch, it’s a question well worth asking.
If I am hit by a falling tree branch, who is liable?
The responsibility and liability for damage from falling tree branches generally belong to the owner or occupier of the land where the tree is located.
There are numerous dangers associated with falling tree branches. These include, but are by no means limited to, the following:
- Head injuries: From discomforting bumps and bruises to serious cases of concussion and even, in the most serious instances, death. Being hit by a falling tree branch can cause a number of different head injuries, as well as potentially cause damage to eyes and other body parts.
- Slips, trips and falls: Once branches have fallen, they can be a significant trip hazard on pavements and public pathways. The consequences of trip and fall injuries can range from cuts and bruises to serious sprains, dislocations and broken bones.
- Road traffic accidents: Depending on where they fall, tree branches can also pose serious risks to safety on the road. As well as posing significant danger at the time of falling, they can also block areas of the road and cause obstructions.
What liability do land owners and occupiers have towards trees?
Occupiers must take all reasonable steps to eliminate, manage and minimise the risks tress pose to health and safety. This includes identifying which tress are most likely to pose a threat and taking steps to deal with this threat.
Furthermore, owners of public land such as parks are expected to exercise greater care, control and caution than owners of more remote woodland. They should also anticipate that children will not be as safety-conscious as adults and act accordingly.
From this, it’s pretty clear to see that if you are hit by a failing tree branch, you may have a case for injury compensation. You can get the ball rolling on your claim with a quick visit to Accident Advice Helpline’s unique 30-second test. This will give you a near-instant answer on your eligibility to claim.
You can also call our expert advisors for a no-obligation chat before deciding whether or not to proceed with your claim. Call us on 0800 689 0500 or 0333 500 0993 from mobiles.
Date Published: March 10, 2017
Author: Accident Advice