Trees on the highway

It is to be expected that following a storm there may be fallen trees or branches on the highway.  You are therefore under an obligation to travel taking this into account.

The reason for the tree or branch falling into the highway is fundamental.  If it is because of a particularly bad storm then nobody is likely to be found liable.  Where the reason is that theh tree was diseased then, unless the owner has taken reasonable steps to examine the condition and had no reason to think it would fall over, the owner is liable.

If the tree overhangs onto the highway and this caused the accident then the owner of the property will be liable unless they can show that they were not aware of the risk and could not reasonably be expected to have been aware of it.

We are here to help 24 hours a day 365 days a year.  Either e-mail us anytime, call (01296) 662770 (Nick) or (01525) 373322 (Richard) during the normal working day or (07973) 424178 in an emergency.