County council fined £300,000

A County Council was fined £300,000 with £13.165 costs after a man walking his dog was struck and killed by part of a falling oak tree.  An investigation by the Health and Safety Executive (HSE) found that the tree, located within the boundary of a council owned walking trail, had defects from which it was foreseeable that it was likely to fall and cause injury. Local authorities are required to manage the risks and hazards posed by the trees within their responsibility remit. HSE brought the prosecution under Section 3(1) of the Health and Safety at Work Act 1974.  This section places a duty on employers “to conduct their undertakings in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety”. https://press.hse.gov.uk/2021/12/22/council-prosecuted-after-member-of-the-public-killed-by-falling-tree