Risk & Work
Worried about your legal liability if trees fail and cause harm?
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Jeremy Barrell is one of the most accomplished tree risk expert witnesses in the UK , and has appeared in more tree failure civil cases, criminal cases, and inquests, than any other UK tree consultant. He has used that unique experience to write popular scientific papers , and design a cost-effective approach to help duty holders manage tree risk. |
What is the duty of care?
Contrary to common belief, there is no legal requirement for expensive inventories listing every tree, or to check all trees on a property, to meet a normal duty of care. It is only necessary to visually check all trees that could reasonably foreseeably cause harm, so those within falling distance of structures or where people regularly go, and to record that process to prove what was done. If this visual check reveals a cause for concern, then that can either be addressed through remedial tree works, or by carrying out a more detailed inspection to confirm what management is required.
Quick visual check or a formal tree risk management policy?
If you have a small number of trees or only a modest area to check, then records to confirm the management carried out is enough. However, if you are a corporate duty holder with large numbers of trees to manage, then an additional formal policy statement explaining how you manage tree risk can provide useful clarifications for employees, and greatly assist in demonstrating you have complied with your legal duty of care. It is like an insurance policy, no legal obligation, but having it within your corporate suite of risk management documents will ease the stress if it all goes wrong!
How can we help?
Our risk management packages include us visiting, visually checking all the significant trees, only tagging and listing those that need work, and showing where they are on a plan. This is much more cost-effective than a full inventory listing every tree. If required, this can be backed up by a tree policy document that sits within a wider corporate risk management strategy. For one tree or a whole population, all our Chartered consultants are trained and qualified to manage tree risk on your behalf, so you don’t have to worry about it.
If you are worried about the safety of your trees, then call to discuss your specific requirements, or email us for a free quote.
[1] https://www.barrelltreecare.co.uk/assets/Uploads/LegalCases-Updated-010124.pdf
[2] https://www.tandfonline.com/doi/full/10.1080/03071375.2020.1854996?src=most-read-all-time
[3] https://www.tandfonline.com/doi/full/10.1080/03071375.2012.691674?src=most-read-all-time