The Role of Tree Risk Management in Fulfilling Your Duty of Care

If you own or manage land with trees, having a clear tree risk management strategy is key; not just for maintaining tree health, but for fulfilling your wider responsibilities. While most trees pose no immediate threat, unmanaged risks such as structural weakness, decay or storm damage can lead to unexpected incidents. Alongside safety concerns, there is also a duty of care, and in some cases, legal accountability.

Tree risk management isn’t just good practice. It’s about protecting people, property, and your organisation’s reputation.

Below is a look at how real legal cases (primarily from the UK) have shaped what’s expected of tree owners and land managers, and why having a Tree Risk Management Strategy in place is more than a box-ticking exercise.

While legislation may differ slightly, the principles around duty of care, foreseeability of harm, and appropriate inspection are just as relevant here in Ireland under health and safety and occupier liability laws.

Here are four key cases that highlight the risks and responsibilities faced by those managing land with trees:

Brown v Harrison (1947) & Quinn v Scott (1965)

In both cases, trees with clear and visible defects had not been inspected. When the trees failed and caused harm, the courts found the owners liable.These cases highlighted the importance of foreseeability of harm (i.e. obvious tree defects) and that in these situations failure to assess trees amounted to a failure in the tree owners’ duty of care (negligence).

Chapman v Barking & Dagenham LBC (1997)

A member of the public was injured by a falling branch. The court found that the Local Authority didn’t have an appropriate formal inspection process in place which would have identified the hazard and they were found liable for damages.

McLellan v Forestry Commission (2005)

A tree fell and killed a walker on a low use woodland footpath. The tree was regularly but informally assessed, and no defect was ‘obvious’. This level of inspection was deemed to be appropriate in relation to the target and the defendant was found not liable.

Witley Parish Council v Cavanagh (2018)

A mature lime tree fell onto a public road during a storm, injuring a bus driver. Although the tree had been inspected on a three-year cycle (normally acceptable), the court questioned whether that was enough for its location. The case drew attention to zoning — the need to vary inspection frequency based on public use, species, and risk. It also reminded landowners that even reasonable inspection cycles might not be enough in high-use areas.

For more information, visit the Arboricultural Association website.

The legal duty of care around trees is well established. If a tree causes harm and the failure could have been foreseen (whether through a basic visual check or a more detailed tree survey), the owner or land manager may be held liable.

These cases show that having some form of inspection system is better than none, but it must also be proportionate, documented, and suited to the site. Whether you’re managing a golf course, private estate, hotel grounds or public park, courts will consider:

• Was an inspection process in place?
• Was it appropriate for the use of the site?
• Were the risks reasonably foreseeable?
• Were reasonable steps taken?
• Was the inspector competent?
• Was the regime up to date and proportionate to the risk?

A clear and well-documented tree risk management strategy goes beyond identifying hazards. It demonstrates that you’ve taken reasonable, proactive steps to meet your duty of care.

Here’s how it helps:

• Records inspections clearly — when they were carried out, how, and by whom
• Supports tree zoning — categorising areas as high, medium, or low use to prioritise inspections and reduce risk
• Enables early action — addressing issues before they become costly incidents or legal liabilities

When something does go wrong, having a strategy in place may be the key difference between being seen as negligent — or having taken all reasonable precautions.

We develope Tree Risk Management Strategies tailored to the needs of estates, parks, hotels, schools, golf courses, and local authorities. Whether you have ten trees or a thousand, we help you:

• Understand your legal obligations
• Identify potential hazards
• Plan inspections and zoning
• Keep clear records
• Avoid unnecessary losses — from tree damage to court claims

You can also read our earlier blog, Why a Tree Risk Management Strategy Could Save Your Site Thousands—And Keep Everyone Safe, for a more detailed overview of what’s involved.

If you’re responsible for trees, a clear tree risk management strategy can give you peace of mind and help you meet your legal and safety responsibilities. Whether you’re starting from scratch or reviewing what’s already in place, we’re here to support you.

Get in touch here.if you’d like to talk through your site or learn more about how we can help.