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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