Council fined after man killed by falling branch in public park

An investigation by the Health and Safety Executive (HSE) has revealed an incident which resulted in a person being killed by a falling tree limb in a public park, may have been avoided if the tree was managed appropriately.

On 28th August 2020 a pedestrian was struck by the limb of a mature lime tree, which fell within a public park. The pedestrian received multiple injuries and died at the scene.

A year before this incident, during September 2019, the same tree shed another large limb, but neither the council, nor the appointed grounds maintenance contractor (a wholly owned company of the Council) investigated this incident. When sentencing the council earlier this month, the judge stated the September 2019 event should have “acted as a wake-up call”.

Investigation by the Health and Safety Executive (HSE) revealed the council, who controlled the park, did not have a formal tree strategy to manage the risks posed by trees in public spaces. The same investigation also revealed the grounds maintenance contractor responsible for the park did not have a ‘robust’ tree management policy.

Earlier this month the council and grounds maintenance contractor pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974, which states:

It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

The council was fined £500,000 and ordered to pay £7,284 costs, whilst the grounds maintenance contractor was ordered to pay a nominal fine of £500. In passing his sentence, the District Judge said it would have been disproportionate to impose fines on both.

The HSE website states between 5 and 6 people are killed each year when trees or branches fall. Of these fatalities, half occur in public spaces such as public parks or roads.

Whilst the risk of being stuck by a tree or branch is low, the law states that where reasonably practicable measures are available, they should be taken.

To require every single tree in public spaces to be inspected and monitored would be disproportionate to the risk, but individual tree inspection might be deemed appropriate where trees are in locations frequently visited by the public (such as a road or park), or where a specimen has been identified with structural faults.   

The HSE website includes information and tips on shaping a simple tree management process, which includes identifying groups of trees by their position and degree of public access. This will enable the risks associated with tree stocks to be prioritised and help identify any checks or inspections needed.

Further reading

HSE press release: Fine for council after man ‘who loved life’ killed by falling tree

HSE operational guidance: Management of the risk from falling trees or branches