You web browser may not be properly supported. To use this site and all its features we recommend using the latest versions of Chrome, Safari or Firefox

Trees

Victoria is commonly known as the Garden State and it’s easy to see why. There’s no shortage of magnificent public and private gardens and tree lined streets in our state.

But poor maintenance combined with bad weather can result in trees and branches falling, causing property damage, serious injury and even fatalities.

Local councils and State Government have a duty to ensure trees that are on public land, including along footpaths and in parks, are safe.

Residents who are concerned about the safety of trees on public land should report their concerns to the responsible council or the relevant State Government department depending on who manages the land. The council or State Government department should arrange for an arborist to inspect the tree and carry out any maintenance work that is needed to make the tree safe.

If they fail to act, councils or the state government could face legal action if someone is hurt or dies, or the tree falls and damages a resident’s house, car or other property.

Private property owners are responsible for trees located on their property

If you believe that a tree on your property is unsafe or have received a complaint about the safety of a tree, you should arrange to have an arborist assess the tree’s health. If the tree is found to be diseased or unstable, you should have it lopped or removed. If you don’t, you could be liable for any injuries to neighbours, visitors or others.

You could also be liable for damage to your neighbour’s property, including their house, vehicles or pool. Your neighbour will be able to make an insurance claim, but if you are found liable their insurance company may be able to recoup their losses from your insurance company.

It’s important to ensure that arborists who come on to your property are properly qualified and have public liability insurance. If they don’t have insurance and are injured while working on your property, or someone else is hurt as a result of their work, you the property owner could be liable.

If a tree in good condition falls or drops limbs as a result of bad weather it will likely be considered an act of god.

A property owner’s home insurance should cover any property damage that results from a tree falling or dropping limbs in such circumstances.

If you’ve been injured because someone else didn’t take the right amount of care, you may be able to make a public liability claim.

Find out if you have a claim in just 3 minutes

Use our free Online Claim Check to find out where you stand and if you have a claim.

The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.

Related blog posts

What is public liability? And how can it help if you’ve been injured?

There’s a general misunderstanding that you can only make a public liability compensation claim if you’ve been injured in a public place. It’s an understandable mistake, considering “public” is in the name, but that’s not actually the case.  A public liability claim can cover a whole range of injuries that were caused by someone else’s negligence, regardless of whether it was in a public or private place.  Essentially, if another person was at fault for your injury, you may have a public liability claim.  If you’ve been injured because a business or organisation failed to keep the public area safe, this would generally fall into public liability. If you’ve been...

Caution Sign
How to find the best personal injury lawyers

When looking for a personal injury lawyer, it’s important you choose an experienced lawyer for your claim. It helps to look at third party websites like Trust Pilot, Product Review and Google Reviews to assess which law firm will work best for your type of claim. There are also review sites where you can check on whether the lawyer assigned to your case has enough experience and a proven track record to get the best outcome for your case. Doyles Guide recognises leading lawyers in Melbourne and across Victoria for the work they do in their practice area.  Many lawyers are knowledgeable in a specific practice area. It’s important to assess law firms on based on different criteria,...

Best personal injury lawyer image
Lithium battery fire: what to do and your rights 

A study by Energy Safe Victoria found that 41% of e-ride owners (aged 18-29) are unaware of fire risks caused by lithium-ion batteries, leading to nation-wide awareness campaigns as lithium-ion battery fires increase and damage homes.   When we think of e-scooters or e-bike injuries, we commonly think of the ones that can happen on our roads and streets. Although falling from an e-bike or being hit by one as a pedestrian can cause serious injury, there are other ways these modes of transportation can cause harm.   Defective batteries in e-bikes and e-scooters can explode or ignite causing fires. Internal defects, heat exposure, or short circuits can cause a battery to ignite, even when...

Close up of an e bike plugged in charging blog image

We're here to help

Start your online claim check now. Or, if you have a question, get in touch with our team.