If you have been injured by a fallen tree or branch in the UK, you may be able to claim compensation from whoever was responsible for maintaining the tree. For trees on public land, this is usually the local council. For trees on private land, it is the landowner. The key question is whether the responsible party had a reasonable system for inspecting trees and whether they should have identified the risk before the tree fell. You normally have three years to bring a claim.
Falling trees and branches cause serious injuries and deaths in the UK every year. Whether it happens on a public footpath, in a park, on a road, or from a neighbour's tree, the question is always the same: should someone have spotted the danger and acted? This guide explains how fallen tree injury claims work. We are an independent information service, not a law firm.
Who is liable?
| Location | Likely responsible party | Legal basis |
|---|---|---|
| Public highway or footpath | Local council (highway authority) | Highways Act 1980, s.41 |
| Public park or open space | Local council or managing body | Occupiers' Liability Act 1957 |
| Private land (owner-occupied) | Landowner | Occupiers' Liability Acts 1957/1984, negligence |
| Rented property | Landlord (usually) | Defective Premises Act 1972, s.4 |
| Neighbouring property (overhanging) | Tree owner (neighbour) | Negligence / nuisance |
Council tree inspection duties
Local councils are not required to inspect every tree, but they must have a reasonable, risk-based inspection programme. HSE guidance and industry standards (such as those from the National Tree Safety Group) recommend prioritising trees in high-target areas — near roads, footpaths, playgrounds and buildings. Inspections should be carried out by trained staff who can identify signs of disease, structural weakness and decay. Failure to have or follow such a programme, or failure to act on findings, may be negligent.
For trees on the public highway, the council also has a duty under Highways Act 1980, s.41 to maintain the highway, which includes ensuring trees alongside do not pose a danger.
Private landowner liability
Private landowners owe a duty of care under the Occupiers' Liability Act 1957 (to lawful visitors) and the Occupiers' Liability Act 1984 (to trespassers in some circumstances). They must take reasonable care to ensure visitors are reasonably safe. For trees, this means being aware of the condition of trees on their land and taking action when a tree shows signs of danger. A landowner does not need to be a tree expert, but they should arrange professional inspection if there are obvious warning signs.
Storm and weather defences
A storm does not automatically remove liability. The question is whether the tree was already in a dangerous condition that a reasonable inspection would have identified. A healthy, well-maintained tree brought down by an exceptional storm is unlikely to give rise to a successful claim. But a diseased or structurally compromised tree that fell in moderate winds, where the defect should have been spotted, is a different matter.
Compensation
Fallen trees can cause very serious injuries including head injuries, spinal injuries, crush injuries and fatalities. General damages are assessed under JCG 17th edition (2024). Special damages cover lost earnings, treatment, care, property damage and other losses. Fatal claims are brought under the Fatal Accidents Act 1976.
Time limits
Three years from the date of the injury (Limitation Act 1980). For children, three years from age 18.
Gathering evidence
Evidence in fallen tree claims is time-sensitive because the tree and the site may be cleared quickly after the incident:
- Photographs. Photograph the fallen tree, the trunk (showing any rot, fungal growth or hollow sections), the root plate, and the surrounding area.
- Witness details. Obtain names and contact details of anyone who saw the tree fall or the condition of the tree before it fell.
- Report to the council or landowner. Report the incident in writing so there is a formal record.
- Previous reports. Check whether anyone had previously reported concerns about the tree to the council. Freedom of information requests can obtain tree inspection records and complaint logs.
- Arboricultural expert. Your solicitor may instruct an independent arboriculturist to examine the tree stump and any retained sections to assess whether the defect should have been identified in a routine inspection.
Getting help
We are not a law firm. For a personal injury solicitor, use the Law Society “Find a Solicitor” service. Most claims run on a no-win-no-fee basis.
Frequently asked questions
Can I claim if a tree fell on me?
You may be able to claim if the tree owner or the body responsible for maintaining it was negligent. This means they knew or should have known the tree was dangerous and failed to take reasonable steps to make it safe, such as inspecting it, pruning it or felling it.
Who is responsible for trees?
The landowner is generally responsible. For trees on public highways, footpaths and in parks, this is usually the local council. For trees on private land, it is the landowner. For trees on rented property, it may be the landlord. Trees subject to Tree Preservation Orders still require the owner to maintain them safely.
What are the council inspection duties?
Councils must have a reasonable system for inspecting trees on their land and along highways. They do not have to inspect every tree, but they should have a risk-based inspection programme focusing on trees near roads, footpaths and public areas. Failure to have or follow such a programme may be negligent.
What if the tree fell in a storm?
A storm does not automatically remove liability. If the tree was already diseased, damaged or showed signs of structural weakness that a reasonable inspection would have identified, the owner may still be liable even though the storm triggered the fall. However, if the tree was healthy and the storm was of exceptional severity, the owner may have a defence.
What signs should the owner have spotted?
Warning signs include dead or dying branches, fungal growth (brackets), cavities in the trunk, leaning, root damage from construction work, previous branch failure, and crown dieback. A competent tree inspection would identify these.
How long do I have to claim?
Three years from the date of the injury. Standard limitation rules under the Limitation Act 1980.
What compensation could I receive?
Compensation depends on the severity of the injury. Fallen trees can cause very serious injuries including head injuries, spinal injuries, crush injuries and death. General damages are guided by the JCG (17th edition, 2024). Special damages cover lost earnings, treatment, care and other losses.
What about damage to my car?
Vehicle damage from a fallen tree is a property damage claim, not a personal injury claim. You can claim against the tree owner if they were negligent. Your own motor insurance may also cover the damage under comprehensive cover.
Get help from official, free sources
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- The Law Society — Find a Solicitor — accredited PI specialists
- Citizens Advice — free, impartial guidance on your rights
- GOV.UK — courts, time limits and legal aid information
Related guides: claiming against a council, public liability claims, pothole injury claims, fatal accident claims, how compensation works.