A fallen tree can cause serious damage. Determining who is legally responsible is often far less straightforward.
When a tree falls and causes damage, the cause of the failure is just as important as the damage itself. Understanding why the tree failed is often the key to determining liability and whether compensation may be available.
Understanding fallen trees
Trees can fail for many reasons, including severe weather, decay, disease, structural defects or poor management. While storms are often blamed, bad weather alone does not automatically determine who is liable for the damage.
Landowners owe a duty of care to manage their trees responsibly. This does not mean every fallen tree results in negligence, but owners are expected to take reasonable steps to inspect trees and address obvious risks. What is considered reasonable will depend on factors such as the tree’s condition, location and the level of risk it presents.
Establishing liability often requires specialist arboricultural evidence. Expert investigations can identify whether decay, disease, root failure or structural defects contributed to the collapse, and whether the failure could reasonably have been prevented.
Fallen tree disputes commonly involve neighbouring landowners, insurers, local authorities and highway authorities. Alongside establishing responsibility, there may also be questions surrounding insurance cover, emergency works and recovering the cost of repairs.
Early legal advice can help preserve important evidence and provide a clearer understanding of your rights before the tree is removed or repairs begin.
How Tree Law can help
Determining why a tree failed is often the key to resolving a dispute. We work alongside experienced arboricultural consultants to establish liability and advise on the most appropriate course of action.
We regularly advise on:
- Liability following tree failure
- Property damage claims
- Personal injury claims
- Neighbour disputes
- Claims involving local authorities
- Insurance disputes
- Arboricultural expert evidence
- Emergency legal advice
- Recovery of repair costs
- Compensation claims arising from negligence
What our clients say
Why choose Tree Law?
Fees
Every subsidence claim is different. We will discuss your circumstances and recommend the most cost-effective route forward.
Hourly Rate
from £200 + VAT
Fixed fees can be agreed on request
We can help with issues regarding damage to property as a result of fallen trees. Issues regarding personal injury will be referred to our preferred personal injury solicitor supplier.
Get in touch for a discovery discussion about your situation so that we can agree on a way forward and an appropriate fee structure.
Frequently asked questions
If you have any further questions, please don’t hesitate to contact us.
Not necessarily. Liability usually depends on whether you took reasonable steps to inspect and manage the tree. If the failure could not reasonably have been predicted, you may not be legally responsible for any damage caused.
Possibly. A successful claim will usually depend on whether the tree owner was negligent. Simply owning the tree does not automatically make them liable for the damage.
No. Severe weather may contribute to tree failure, but it does not automatically remove liability. An expert investigation may show that decay, disease or poor management played a significant role.
Make the area safe, document the damage with photographs and contact your insurer if appropriate. Before the tree is removed, consider obtaining specialist advice, as the tree itself may provide important evidence about why it failed.
Yes. We regularly advise homeowners, businesses, insurers and public authorities where responsibility for tree failure is disputed, working alongside independent arboricultural experts where required.