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Widow's husband killed by falling tree

11 April 2017

A six-figure damages settlement was reached after a large, heavy tree branch fell onto a passing vehicle, killing the driver.

What happened: Our client and her husband were travelling in their vehicle on a busy road when the branch of a heavy oak tree fell on top of their car.

Impact: Our client witnessed her husband tragically killed by the falling branch and has been profoundly affected, suffering depression and nervous shock as a result. She has also suffered considerable financial hardship as she was financially dependent upon him.

How Slater and Gordon helped: We brought a claim against the landowner on the basis that in taking no steps at all to check the health of the tree, which was situated on his land but which abutted a busy A road, he had breached his duty to our client and this breach caused the accident. We obtained evidence in the form of an expert arboriculturalist’s report to help defend the defendant’s assertion that checking the tree’s health would have made no difference.

Decision: A six-figure settlement was awarded to our client, comprising damages for loss of dependency upon finances and services as well as our client’s psychological injuries.

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