Introducing this week’s guest blogger; Lili-Berri, Tree Law’s new paralegal
Lili says:
“I spent some time recently researching and collating information about poisonous berries. I was shocked to learn how common poisonous berries are in the UK, and the extent of damage they can inflict on a person/animal. In my opinion there is a serious lack of information out there to inform the public about the different types, and what to look out for. Especially if you are dog walker or a person who commonly has a child within your care, it’s worth taking a read as some can be very dangerous and may give you some insight on what to look out for”
Did you know?
The natural beauty of trees, hedges, and shrubs adds life to our gardens, parks, and public spaces. Yet, hidden within this greenery can lie serious risks, particularly when poisonous berries are present. When a child or even a trespasser is harmed after consuming such berries, questions often arise about who is responsible. The answer often lies within the Occupiers Liability Acts of 1957 and 1984, which outline the duty of care owed by property owners or occupiers.
Duty of Care Under the Occupiers Liability Act 1984:
The Occupiers Liability Act 1984 was introduced to extend a duty of care even to those who enter a property without permission, like trespassers. This followed he landmark case of British Railways Board v Herrington (1972), which recognised that occupiers may owe a duty of care to trespassers in certain situations.
The 1984 Act requires occupiers to take reasonable steps to prevent injury to unauthorised persons from dangers they know about. This does not mean landowners must make their land completely safe — only that they must act reasonably in addressing known hazards. Reasonable steps might include:
- Installing warning signs for hidden dangers
- Fencing off hazardous areas
- Securing unsafe structures or deep-water features
- Repairing or removing unsafe fixtures that may attract trespassers (particularly children)
This law therefore balances the rights of property owners with the safety of those who may, accidentally or otherwise, enter their land.
Children and the Law of Trees, Forests, and Hedges
Children are naturally curious and less aware of potential dangers — particularly when brightly coloured berries are involved. The Occupiers Liability Act 1957 recognises this vulnerability. Under section 2(3)(a), occupiers must be prepared for children to be less careful than adults and take additional precautions to protect them.
The Act also provides that professionals entering a site (such as gardeners or builders) are expected to appreciate risks related to their trade, but this expectation cannot reasonably extend to children.
Key Case Law: Lessons from the Courts
Glasgow Corporation v Taylor (1922)
One of the most significant cases in this area involved a seven-year-old boy who tragically died after eating poisonous berries in Glasgow’s Botanic Gardens. The court found Glasgow Corporation liable, holding that the berries posed a danger particularly attractive to children. The occupiers had permitted children to access the area without providing warnings or removing the hazard.
Latham v R. Johnson & Nephew Ltd (1913)
In this case, the court observed that expecting a child to take the same precautions as an adult would be unreasonable. The ruling emphasised that where a property presents an obvious risk to wandering children, occupiers must act to ensure safety, much as if the child were in a nursery setting.
These cases reinforce that property owners must anticipate the curiosity and innocence of children, especially when hazards such as poisonous berries are present.
The Danger of Yew and Other Poisonous Berries
In many incidents involving berry poisoning, the common yew tree (Taxus baccata) is a frequent culprit. Although its bright red arils appear harmless, almost every other part of the plant, including the seed inside the berry, contains toxic alkaloids that can be fatal if ingested.
Yew trees are widespread across the UK, often found in:
- Churchyards and cemeteries
- Formal gardens and estates
- Public parks and older residential areas
- Natural woodlands across England, Wales, and Scotland
However, yew isn’t the only danger. Other poisonous berries commonly found in the UK include:
- Black bryony
- Deadly nightshade (belladonna)
- Lords and ladies (Arum maculatum)
- Ivy
- Spindle
- Holly
- Woody nightshade (bittersweet)
- Butcher’s broom
To most adults, these plants blend harmlessly into the landscape. But to a child, their bright colours and tempting shapes can appear edible, with potentially devastating consequences.
If you enjoyed this, keep an eye out for more posts from Lili-Berry of the Tree Law team.
