The widow of the husband who died had her claim dismissed on appeal by the court when she took court action against the local council for the death of her husband. She claimed that he was tragically killed when a heavy branch from a tree fell on him.
Despite the fact that the Local Council did not have any inspection records or procedures of inspecting the trees for signs of decay or hazards the court found that the fatal accident had not been the fault of the Council.
In short, the court held that the cause of the falling branch was due to decay of the tree and that deterioration of the tree could not be viewed upon normal inspection (that’s if an inspection was undertaken).
The tragic event means that the death of her husband was down to a defect in the tree which the court found could not be traced upon normal inspection of the local council. At the end of the day, fatal accident solicitors are of the view this decision is wrong, that if the Council have planted the trees they are clearly under a duty to inspect them and ensure they are safe. Whilst it will cost additional expense to undertake this exercise nevertheless it is an expense that is necessary.
