Legal News

Occupiers Liability Act 1957: no liability for killer tree (News, 15 August 2011)

Published on: 16 August 2011

Table of contents

  • Court details
  • Facts
  • Judgment
  • Comment

Article summary

The National Trust has escaped liability under section 2 of the Occupiers Liability Act 1957 for fatal injuries caused by a tree. The High Court held that there is no liability for an “unsafe” tree if, when it was inspected, the tree inspector had acted in accordance with the Bolam test (i.e. a practice accepted as proper by a responsible body of opinion in their particular field); Bowen and others v The National Trust

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