Could a fallen tree lead to a public liability claim?

Date: Jun 29, 2016

Australia is known all around the world as one of the most beautiful countries on earth. From the huge range of public forests in the north and south of the country to the fantastic gardens on offer to the public.

However, Australia’s weather is almost as equally known for its temperamental nature. Storms and other bad weather can result in trees and branches falling. This is a public liability risk and can lead to property damage, serious injury and even death.

If you have been hit by a falling branch or tree, it is essential to seek the expertise of a personal injury lawyer and find out if you can seek compensation. But who is obligated to keep trees through proper maintenance and who would be responsible if an injury did occur?

Local councils and public trees

While many believe that the maintenance of trees is a state responsibility, it actually falls to local councils to ensure that trees on council-owned land are safe. These areas can include footpaths, parks and even council-owned car parks – where trees are frequently used for shading and aesthetics.

If residents are concerned with the safety of trees in public land, they can report it to the responsible council. In response, the local authority will inspect the tree and carry out any maintenance through an arborist.

If a tree or branch falls on a person, the council could face legal action if that someone is hurt or even dies. Injured parties can seek a public liability injury claim to ensure they are compensated for any lost earnings, medical bills or emotional pain.

Private property and public liability injury claims

If a tree is unsafe and it sits on private property, it is up to the owner of the property to ensure the tree is properly maintained. If the tree is found to be diseased or unstable, it is their responsibility to have it removed. If a private property owner fails to do this they can be liable for any injuries suffered by neighbours, visitors and others.

If you have been injured due to a falling tree or a branch, it is essential to talk to experienced compensation lawyers as soon as possible. With their expertise on your side, you can expect a fast and efficient handling of your case.

Contact a representative of Gerard Malouf and Partners today and find out about the no win no fee guarantee its lawyers offer.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts or email your enquiry.