Quote:
Originally Posted by rangersarah2  We would like to leave the deadwood standing. Because the mature trees are in the middle of the woodland it gives us good opportunity without risking them landing on someone's head (unless they are tresspassing, in which case, tough). It's not good that we usually have to take down deadwood because of the risk of it falling on the footpath. Unfortunately H & S has to take priority. It's a shame that the woodpeckers lose out. |
Just come across this thread and it's got me thinking.
There was a well-known case some years back where somebody (trespassing) fell down a well which had a flimsy wooden cover over it which had become rotten and covered in leaves over the years.
The land owner was heavily fined for not ensuring it was safely covered (and should have known of the risk to an unwary member of staff or a trespasser.)
The same surely must apply if you ring bark a tree/s and leave them for nature to take it's course. This is a very common practice and a nature reserve I regularly visit has this done to about 30 Syc's in a part of the wood well away from the marked trail.
There are no notices telling you not to leave the marked trail and the danger area is not taped off even.
I have seen (presumably) courting couples come from this area when I go this way to survey the fungi and also it is evident children must come this way because of the dens created.
Although I have been given permission to leave the marked trail, no one has ever told me of the tree danger - although it is clearly obvious to me, and I would only have myself to blame.
The trees were ring barked in 2006 and about 6 have already fallen with the rest only likely to fall when they feel like it.
This situation sounds very similar to that described above by RangerSarah and I am convinced in a court of law if a trespasser was to come to harm the landowner would be responsible as it would not be a natural event as human intervention (with landowners permission) had caused the tree/s to be dangerous and it was known they would fall sometime/prematurely.
Can anybody here confirm that my concerns are valid and that an owner would be on very dodgy ground as it seems trespasser or not, the owner has a "Duty Of Care" to the public.
Neil.
