A typical week in our parks department.
Play equipment, We have a zip wire, the cross handle broke (kids sawed
through it) so we took it away for repair. Whilst away for repair a youth
slid down the wire using the box, fell off and sued. So we took the box
away. The next day a kid slid down the wire on a stick, fell off and sued,
we took away the wire. The next day they climbed the support poles fell off
and sued, we have taken away the poles. Can't afford to put the play
equipment back.
It is surveyed daily, yet are insurers still pay out (£14,000). So what
chance do trees have?
-----Original Message-----
From: Complete Tree Services [mailto:arbor@xxxxxxxxxx.co.uk]
Sent: 17 June 2009 14:03
To: UK Tree Care
Subject: RE: Sussex teacher sues for £300k after being felled by branch
Add up the total amount of monies paid out on tree related instances, offset
that against the projected costs of surveying all trees. In the light of the
result ask yourself is it reasonable to expect all landowners to inspect all
their trees? It has not been the case in the past and I for one am dubious as
to whether it should be the case in the future, it will inevitably result in
the unnecessary loss of trees however many standards for tree surveying and
risk assessment modules we have.
As for this instance I think there could be a case for contesting the claim
as dead wood is a component of the tree dynamic, potentially occurring in a
single season and as such could be seen as something to be accepted by
society as a factor in having a treescape and therefore its presence not to
be considered as negligence on the tree owners part. As the defending brief I
would almost certainly want expert testimony as to the length of time the
said branch could reasonably have been considered to be dead, imagine the
technical arguments it doesn't bear thinking about. This of course would lead
to the inevitable spawning of an Age of Dead and Dying material assessment
module (ADD) coupled with the Fallibility Expectancy of Arboricultural
Surveys course (FEAS) and on we go.
Hi Ho
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