Monday 24 September 2012

Falling Trees and Branches in Dangerous Weather Conditions

Personal Injury from Falling Trees
Article by
Dave Koon Koon 

A 30 year old woman unfortunately died whilst walking through Kew Gardens in London, on 23 September 2012, when she was hit by a branch that had fallen due to windy weather.

The police are not treating the death of woman as suspicious but could not confirm whether this unfortunate incident would be referred to the Health and Safety Executive for further investigation.

The owner/occupier of land on which trees are located has a responsibility to ensure that those trees are not in a dangerous condition. This would include the removal of trees or branches which may be dead due to disease or fungal infection as the branches or the entire tree may fall during windy weather conditions.

Garden House Solicitors are currently involved in a claim for personal injury resulting from a tree falling on to our client’s car during windy weather. Our client was trapped in her car following the accident and the emergency services were required to rescue her. She suffered severe injuries as a result of the accident, which included spinal injuries, a fractured skull, injury to her sight and hearing and psychological injury.

During the course of our client’s claim it was discovered that the base of the tree was decayed and was also infected with a fungal growth and the local Council and their subcontractors had failed in their duty to carry out an adequate inspection of the tree which would have prevented the accident as the tree could have been removed.

If you have been injured as a result of being hit by a falling branch or tree please feel free to contact me on 01992 422 128 or for further advice and assistance.

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Tel: 01992 422 128

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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