Farmers liable for damage caused by fallen trees

Farmers may be liable if a fallen tree from their farm injures a person or damages property, the president of the National Tree Council has warned.

“The landowner has the full duty of care for any tree growing on their property, so they have to make sure their trees are safe,” Joseph McConville told the Irish Farmers Journal.

“Section 70 of the Roads Act 1993 states that the owner or occupier of land shall take all reasonable steps to ensure that a tree on the land is not a hazard or potential hazard to persons using a public road,” he outlined.

However, McConville urged farmers not to panic and cut all their roadside trees down. Instead, he advised them to walk tree lines on the farm side and the roadside twice a year.

He advised doing this “once during the summer when any obvious lack of leaves or broken branches will be clear, and in the winter to identify any potential breaks or splits”.

He said farmers should keep records of their inspections and, if in any doubt, employ the advice of an aboricultural consultant. Action should only be taken where required.

The National Tree Council president said by doing this, farmers would fulfil their legal requirement to take reasonable care to avoid risk of injury to the public.

Insurance

“If they do, they won’t be liable in the event of adverse weather conditions, but if they simply do nothing, they are exposing their liability,” he explained.

“Most farmers’ insurance will cover them in the case of an accident, but to get insured again may be a little more difficult with conditions attached,” he warned.

McConville was speaking at a lecture in the Botanic Gardens titled “Are your roadside trees safe?” on Monday during National Tree Week 2019, which runs until Sunday 7 April.