Briefing

Everyone knows not to shelter under a tree during a storm for fear it might be struck by lightning.  However, many may think it a sensible step to take shelter in this way in a normal rain shower.  This is what a group of children did in 2007 on an outing to the National Trust property, Felbrigg Hall in Norfolk, with disastrous consequences.  A large branch split from the tree under which they were sheltering and fell to the ground killing one child and seriously injuring three others.  The parents brought a civil claim against the National Trust as owners and the case was heard in July 2011.  Also heard in July of this year was a claim against Surrey County Council when a falling branch from one of its trees caused the death of a Mr Imison while he was unloading bicycles from the family car on a public highway.

Before we consider these cases in more detail, here is a reminder of areas of possible liability for owners or custodians of trees.