UKTC Archive

RE: UK tree fatality

Subject: RE: UK tree fatality
From: Howe, Ron
Date: Jan 05 2018 12:56:32
No, I get it Bill ... the police are mainly concerned with deliberate 
criminal offences whereas the H&SE would deal with the civil offence under 
the Occupiers Liability Acts of negligence. I say this bearing in mind that a 
person can only be charged with an offence once as far as I am aware and that 
there is probably not a criminal offence the police could use. I could be 
wrong.

Ron Howe
Tree Officer (Planning)
Mole Valley District Council


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Bill Kowalczyk
Sent: 01 January 2018 14:59
To: UK Tree Care
Subject: UK tree fatality

ay up all…

I read a report on a tree fatality around here on a local news website today;
 
https://tinyurl.com/yc6t4ffm <https://tinyurl.com/yc6t4ffm>

Apparently, a dead Horse Chestnut just happened to fall as the unfortunate 
motorcyclist passed under it.  What’s the chance huh…?

Two comments particularly caught my attention...

The Police officer’s report that said; “The tree had not uprooted but had 
fractured a part way up the trunk. The tree was dry and crumbling, consistent 
with rot.”

The county council arb officer said; “The tree was clearly dead, and could 
have been for several years."

Then subsequently the article states; “The police have said that although the 
tree was on private land, they were not pursuing any further investigations 
against the owner, as the act of the tree falling was not intentional.  
Although the owner had a common law duty to make sure people on their land 
were not injured this did not extend to the public highway.”

That can’t be right can it?

Regards,

Bill






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