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Whose responsibility is it to maintain trees?

Australia is known around the world for its beautiful scenery and wide array of fauna. Yet, what many people do not know is that the county's flora can be a cause for serious injury.

At times like this, it is important to talk to a compensation lawyer. With their help you can seek financial cover for your injuries. However, for you to accomplish this you need to know who is responsible.

Who's responsible?

Poor maintenance of trees in conjunction with Australia's notorious weather conditions can be a recipe for disaster. Whether it is the actual tree or ones of its branches, falling debris can cause serious injury, damage to property and even fatalities.

The actual responsibility for maintenance depends on where the tree is located, not where it falls. If the tree is growing in public land, the council has an obligation to ensure that the trees are in a safe condition.

The duty is highly important as council-owned land is typically located next to public footpaths, parks and other high intensity community areas. If a tree is unsafe, the council is obligated to send in an arborist who can remedy the state of the tree through the act of pruning or cutting it down.

If the council fails to do this, and you are injured, you maybe able to seek compensation for your personal grievances.

What happens if it's on private property?

Property owners could be held liable if a tree injures a member of the public, neighbour or visitor. Typically, this will only occur if a party can prove that the tree fell as a result of the owner's negligence. What this means is that private property owners need to ensure the health of their trees.

If for instance the tree is diseased or is showing signs that it is not healthy, the property owner must have it removed or cut back. If they fail to do this, they could be found liable for any injuries sustained and property damaged.

If you have been injured as a result of the negligence of a property owner, be it private or public, there are actions you can take. For one, you can contact a personal injury lawyer who is experienced making public liability injury claims.

If you would like to know more, make sure you contact a representative of Gerard Malouf and Partners Compensation, Medical negligence and Will dispute lawyers today.

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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