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Injured by a Falling Branch or Tree
Last Updated on May 13, 2025 by tanya
Injured by a Falling Branch or Tree
What You Need To Know To Claim Compensation
Trees add to the beauty of our surroundings, but if a tree is not maintained properly or weakened by disease, you can be injured by a falling branch or tree. While our trees are crucial for biodiversity and air quality, they can pose a serious hazard.
Tree-related injuries may happen more often than you think. The Health & Safety Executive (HSE) recently highlighted an incident when a tree feller was prosecuted and a school trust fined. This was after a woman who walking her dog on a public pavement, was injured when a branch fell on her.
The tree feller’s assistant was pulling overlapping branches over the school’s boundary wall while they were being cut, when their rope snapped and the branch fell. The woman suffered injuries, including broken ribs.
Being injured by a falling branch or tree can have serious consequences. It may occur on public or private property.
If you have been injured by a falling branch or tree which was due to someone else’s negligence, First Personal Injury can help you find out more about filing a claim for compensation.
Common Injuries Caused by Falling Branches
Branches vary greatly in size and weight. However, even a moderately sized limb can cause serious harm. Especially if it falls from a height or strikes an unsuspecting person. Some of the most common injuries may include:
Head and Brain Injuries
Head injuries are among the most severe consequences of being struck by a falling branch. Victims may potentially suffer concussions, skull fractures, or traumatic brain injuries (TBI). These types of injuries can have long-term effects on memory, cognitive function, and overall quality of life.
Spinal Injuries
A heavy branch landing on someone’s back or neck may result in spinal cord damage. These injuries may lead to chronic pain and mobility issues.
Broken Bones
Branches often fall with significant force. As a result, arms, legs, ribs, or even the pelvis can be fractured upon impact.
Cuts and Lacerations
Sharp or splintered wood can cause deep cuts or puncture wounds. This may lead to infections or require stitches, especially if they occur in sensitive areas such as the face.
Internal Injuries
If a branch hits your torso, it may possibly damage internal organs. Such an injury may not be immediately apparent and can quickly become serious without prompt medical attention.
Causes of Falling Branch Accidents
Several factors can contribute to a branch falling, including:
Poor Maintenance: Trees in public areas or on private land must be properly maintained. Deadwood or diseased branches that are not removed pose a risk.
Severe Weather: High winds, snow, or storms can weaken or snap branches, particularly if the tree is already compromised.
Neglect by Property Owners: Whether it’s a local council or a private individual, property owners have a duty to ensure that trees on their land are not dangerous to others.
Vehicle Accidents: Sometimes, a falling branch may strike a moving vehicle, causing an accident and potentially injuring the occupants.
Who Is Responsible for Tree Maintenance?
Responsibility for tree maintenance depends on who owns the land the tree is on:
- Local Authorities: Trees in public parks, footpaths, or highways are usually maintained by the local council.
- Private Landowners: Trees on private property, including in gardens and estates, are the landowner’s responsibility.
- Commercial Entities: Businesses are responsible for maintaining the safety of trees on their premises. This may include car parks, near pedestrian zones, or adjacent to public roads.
When Can You Make a Personal Injury Claim?
If you’ve suffered an injury due to a falling branch or tree, check the following criteria to see if you may be eligible to claim compensation:
There Was Negligence
You need to prove that the responsible party failed to take reasonable steps to prevent the incident. For example, if a local council ignored complaints about a visibly decaying tree. You may be able to file a claim if the tree later dropped a branch that caused injury.
You Were Within the Time Limit
Personal injury claims generally must be filed within three years of the date of the injury. There are exceptions to this rule, such claims involving children (in which case the three-year limit starts when they turn 18). Alternatively, cases where the injury was not discovered until later.
Evidence Needed for a Successful Claim
To make a successful personal injury claim, you’ll need strong evidence. This may include:
- Medical records detailing your injuries
- Photographs of the scene and your injuries
- Witness statements from bystanders
- If there were any previous reports or complaints about the tree
- Expert assessments (e.g. from arborists) showing the tree was diseased or dangerous
- CCTV or dashcam footage if available
The amount of compensation you may receive depends on the severity of your injuries. Additionally, compensation can cover medical costs, lost earnings, pain and suffering.
What Should You Do If You’ve Been Injured?
If you’ve been injured by a falling tree or branch, you should take the following steps:
Seek Medical Help Immediately: Your health comes first. Even if injuries seem minor, they may be more serious than they appear. These records are essential to your claim.
Report the Incident: Let the the landowner, local council, or property manager know about the incident and keep a copy of such a report.
Gather Evidence: Take photographs, collect witness contact details, and record what happened.
‘No Win, No Fee’ Claims
If you believe your injury was avoidable and someone failed in their duty of care, you should consider seeking professional legal advice.
At First Personal Injury, we work with highly experienced personal injury lawyers who offer a ‘No Win, No Fee’ basis. This takes away the financial risk to you when pursuing a claim.
Our expert team will guide you through the claims process to help you secure the compensation you deserve. Call us at 0333 358 2345 or complete our online contact form.