Stephen Nye of Irwin Mitchell’s Birmingham offices has successfully claimed damages on behalf of the estate of a Birmingham man who was injured whilst visiting Cannon Hill Park in Birmingham.
His injuries were sustained when a tree within the park fell onto him and a friend. The friend was unfortunately killed in the accident.
Proceedings were brought against Birmingham City Council as the authority responsible for the upkeep of the park and the maintenance and inspection of trees within the park.
At an earlier inquest, criticisms had been made by the Coroner as to the systems adopted by Birmingham City Council.
A settlement of £23,000 was reached out of Court.
Stephen Nye commented, "This was an unusual case with important public safety issues. Whilst it is important for the public to have access to park areas, it must be safe for them to use those parks".
"The tree which fell and caused my client’s injuries had been rotting and decaying for a number of years but no adequate system of inspection was in place. Had such a system been adopted, then the dangerous tree would have been spotted and cut down before the accident occurred".
"It is hoped that the City Council have taken on board the recommendations of the Coroner to improve the inspection procedures".
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