An important concept in tree surveys is risk assessment and liability. Although all tree owners are responsible for tree management, often nothing is done to trees until there is a problem and, possibly, an accident has already occurred. A tree survey will identify problems and recommend appropriate action to minimise or remove risk.
Risk Assessments on trees
All landowners are under a ‘common duty of care' to people who may be damaged by their acts or omissions. Landowners must not expose visitors to their property or premises to unacceptable levels of risk. The Occupiers Liability Acts (1957 and 1984) use the term ‘to take reasonable care' or ‘such care as in all the circumstances of the case is reasonable'.
Trees are large features that can provide character, scale and atmosphere to a site. They also have the capacity to damage and injure and, therefore, they deserve, and require, just as much attention as other fixtures and structures on the premises.
‘Even if an occupier has no special expertise in matters relating to trees, he or she will still be expected to act as a “reasonable and prudent landowner”'. The Law of Trees, Forests and Hedgerows, C. Mynors p147.
Tree risk assessments should be carried out periodically by all businesses that own trees to ensure that employees, visitors and the public are not being put in danger. Here safety is the most important criterion.
Annual inspections are recommended and the value of this approach increases over time as the reports will be able to show trends in tree health and condition and pick out problems before they become significant. The written reports are also valuable in demonstrating that a prudent approach to tree risk management is in force and so, liabilities in the case of accidents can be minimised.
