Balancing tree benefits against tree security: The duty holder's dilemma

Abstract

During the last ten years, the author has been involved as an expert witness in a range of personal injury cases where trees have been implicated in harm. This paper examines (1) how English courts seem to view harm from the structural failure of trees and (2) the emerging position for duty holders attempting to identify the standard of their duty of care. A practical view of the evolving duty of care landscape is offered, with a proposed decision-making framework that may assist those with responsibility for managing trees. It seems likely that uncertainty will remain over one of the most challenging issues for duty holders, i.e. how much tree management is enough to discharge their duty of care? However, reviewing how the courts have approached harm caused by tree failures in recent years provides an opportunity for duty holders to become more focused in their decision making.