The High Court dismissed this claim against the National Trust (the Trust) finding that it had properly discharged its duty under the Occupiers' Liability Act 1957 in respect of inspecting trees on its land and ensuring visitors were reasonably safe.
The Trust had a properly implemented policy of tree safety management and the claimant visitor's injuries, caused by a falling tree branch, were the result of a tragic accident and not the Trust's negligence.
The court was careful not to impose a standard of care that was inappropriately high. The duty must be assessed in the context of the extremely low risk that trees pose and recognising there is no such thing as an entirely safe tree. The court stressed the need for a risk-based approach to tree safety management through inspection.
