Many thousands of older trees are predicted to fall over the coming winter months, a direct consequence of Ash Dieback.
Given this evolving situation, a professional forester is strongly advising land owners to check who is responsible for damage caused when one of these trees falls from their property into a public space.
According to Premier Woodlands managing director John Hetherington, Ash Dieback is now running rampant across the Irish countryside.
He commented: “First off, all farm families should consider their own health and safety if an infected tree, or trees, is identified on their property.
“The likelihood of one falling without warning is significant and the consequences of this happening at a time when a family member of farm worker was passing by at the time, are unconscionable.
“However, if a tree falls from a roadside hedge onto a public thoroughfare, then the issue of responsibility for any damage caused immediately arises.”
Ash dieback and fallen trees
Hetherington is advising all landowners to seek immediate advice from their local or county council on this issue.
“I would strongly urge all landowners with ash or any dead trees on their properties to have them professionally inspected and then felled,” he explained.
“Upcoming winter storms may well blow over many trees that are affected with Ash Dieback. This may well happen without warning. However, the consequences could be catastrophic.”
According to Teagasc, if a tree or branch falls onto a road or on to adjoining land and – as a consequence – causes injury or damage to an individual or property, the owner of the tree will be liable.
This is a general rule, based on the proviso that negligence can be established on the part of the owner.
If it can be shown that the owner of the tree knew, or ought to have known, that the tree was dangerous, and that no action was taken to deal with it, the person or persons involved will be guilty of negligence.
Liability for the injury or damage that may result will follow.
Reasonable care
Ireland’s Roads Act 1993 (Section 70) places a statutory obligation on all landowners to ensure that roadside structures, trees, shrubs or other vegetation do not present a danger to those using and working on public roads.
In addition, all landowners are required to take all reasonable care to ensure that roadside structures, trees, hedges, shrubs and other vegetation growing on their land is not, or could not, become a danger to those using or working on the public roads.
The Reconstitution and Underplanting Scheme (RUS) was set up in 2020 as a financial support mechanism for farmers and landowners whose ash plantations have been impacted by ash dieback, a disease cause by an invasive fungal pathogen Hymenoscyphus fraxineus.