A friend of mine was killed on Jan 18th in the high winds when a tree fell on his car smashing it completely. Does anybody have a responsibility to check the likelihood of trees being blown down or is it up to the individual who owns the land the tree is on?
2007-02-01 22:19:13 · 11 answers · asked by FC 4 in Politics & Government ➔ Government
Unfortunately it is classed as 'an act of God'. Something which could not have been foreseen!
The only time anything could be done is if the tree had been reported as unsafe and even then it would be difficult to prove in the case of a land owner or private residence! The local council do regularly check trees on or near highways but even then, it is hard to see into the future and say with conviction that a tree is unsafe (unless of course it obviously is because of branches hanging off it).
You could ask the local council to check records to see if any report was made on this but I really don't hold out much hope of you gaining anything from it!
Regretably he has died in this tragic accident and as hard as it may be - you have to move on!
2007-02-01 22:25:55 · answer #1 · answered by jamand 7 · 1⤊ 0⤋
The owner of the land has a responsibility, but as stated, unless the tree is clearly dead or likely to fall it removes most of their liability.
In many cases trees are on an easement which is actually owned by the local government.
If the tree was alive, there isn't likely to be any recourse.
God bless you & cherish the memory of your friend.
2007-02-01 22:30:27 · answer #2 · answered by SantaBud 6 · 0⤊ 0⤋
Sorry to hear of your loss.
If the trees are on the side of the road and you live in the UK. Highway maintenance is the responsibility of your local council.
If you telephone your local council they will give you the phone number for Highway maintenance. Or you could go and speak with a civil law solicitor he will advise you what to do next.
2007-02-03 04:03:53 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Sorry to hear about your friend being killed by a falling tree.
Not sure who is responsible for trees. Perhaps landowners are responsible, especially for trees adjacent to buildings and roads.
If the above is not the case, then we ought to do something about that.
2007-02-02 20:06:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
here in northern ireland if the trees are public property the d.o.e are responsible. a friend of mine came off his moterbike after sliping on some leafs in the autum of 05. he ended up with some serious spinal injuries. (he wasnt going too fast by the way) he sucessfully took the d.o.e to court as the problem had been reported a few days before it and no action had been taken.
privately owned trees are the responsibilties of the of the land owners. if they over hang the roads they are really ment to get them cut back. an awful lot of them have been taken to court over here by the d.o.e if they havnt kept up their duty of care
2007-02-01 23:29:23 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The council is responsible for the maintainance of trees if its on public land if its private its the landowner.
2007-02-01 23:28:29 · answer #6 · answered by Anonymous · 0⤊ 0⤋
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2016-12-13 06:56:38 · answer #7 · answered by sickels 4 · 0⤊ 0⤋
The local highways and byways are responsible for the roads but if its private land its downto the owner. hope this helps you.
2007-02-01 22:24:26 · answer #8 · answered by zanydumplings 3 · 0⤊ 0⤋
I believe that this is the responsibilty of the local Council.
2007-02-01 22:28:30 · answer #9 · answered by Anonymous · 0⤊ 0⤋
im sorry to hear about your friend. I think it is up to us to phone the highways agencys to pick up and clear the roadside if we spot anything.
2007-02-01 22:23:36 · answer #10 · answered by Anonymous · 0⤊ 0⤋