UKTC Archive

Alastair Durkin wrote:

The comments afterwards are even more interesting. It seems to me
that if the branch was dead then a walk by inspection would have
flagged it. I don't think it has any wider implication other than the
apparent fact that the EA had not had trees which they manage checked
when adjacent to a public footpath. No problem, just sort out the
inspection regime and pay the woman if she has suffered losses as a
result.

If, as her solicitor claims:

  "If someone had just walked along and glanced at the tree they would
  have seen its condition."

I think the defence are entitled to ask why her client didn't.

James




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