Case studies: Natural hazards
Relevance of these cases
The first case here is references in Chapter 12 in my book (and I’ll be honest, I reference it in almost every health and safety course I deliver, because despute sympathy for Mr SW’s injuries, I love the judge’s ruling.
This will also be a useful page for collating other cases on natural hazards such as trees and lakes.
If there is any interest in this section I might add cases on animals too.
As an introduction, here’s the HSE view on the need to manage natural features:
When people enjoy the countryside or other open spaces they owe a duty to themselves and their dependents to take proper care. Save in special circumstances eg managed landscapes such as parks, it is not desirable that access be restricted or that other measures be taken that diminishes the amenity from fear that an accident may result in prosecution.
Case: Peter Alastair Struthers-Wright V. Nevis Range Development Company plc (2006)
- What happened at Aonach Mor?
- Peter Alastair Struthers-Wright, an experienced skier, arrived at the Nevis Range facility on 20 March 2002 with the intention of skiing in the Back Corries area
- Initially visibility was good, but it deteriorated after he arrived on the summit
- Peter planned to ski down the Back Track run and began moving slowly across the summit area, following tracks left by previous skiers.
- He did not find the expected signs and continued despite the poor visibility.
- Within a couple of minutes, he felt himself fall and began sliding down the snow. He had fallen through or over a cornice near the entrance to the Chancer run, about twenty feet to the north of it.
- Peter suffered significant injuries in the fall, including a four-part proximal fracture to the left humerus and a three-part proximal fracture to the right humerus.
The Civil Claim: Occupiers’ Liability (Scotland) Act 1960
- Nevis Range Development Company PLC failed to take reasonable care to ensure his safety by not placing warning signs before the entrance to the Back Track run, and along the ridge to indicate the proximity of the edge, especially in poor visibility conditions.
- This omission constituted a danger that led to his accident and subsequent injuries.
The defence
- The defence agreed that it would be feasible to place signs of some sort along the ridge BUT:
- The area was used only by experienced skiers
- Defenders’ literature made it clear that there was a steep slope
- A white board at the exit from the Summit Tow provided information about the conditions on the summit and edge
- Poles and signs could draw skiers to them, creating a risk of skiers using them to ski in and out of.
- Signs could be covered by snow or blown away by strong winds, making them unreadable or creating further hazards. This would be a problem if skiers came to expect them.
- Fencing or netting along the ridge would be impractical: it would be unlikely to withstand the weather, and would fence off an area which skiers used.
- Fencing would create a further hazard in that snow tended to accumulate on the lee side of the fence. This could add to the build-up of cornices at the edge
There had never before or since been an accident of the type complained about.
Conclusion by the judge, Lord Turnbull
It was also correct, in my view, to bear in mind the natural beauty and attractiveness of the wilderness site… to place warning signs at regular intervals along the summit ridge would have a significant impact upon the natural beauty and character of the landscape. To have taken this step would have constituted a disproportionate response to the risk said to exist.
More information
Given the age of this case, for a full transcipt I believe you’ll need a subscription service, but search for ‘Peter Alastair Struthers-Wright v. Nevis Range Development Company PLC [2006] CSOH 68’ and see what you find. This archive link might work (or it might not!).
For an image (in good weather) which shows why the ridge is called ‘Lemming Ridge’ see this beautiful photograph on flickr
Case: National Trust (various)
Bowen & others v The National Trust (2011)
On 26 June 2007, a group of schoolchildren were using the Great Wood at Felbrigg Hall for outdoor educational activities. While following a trail and using orienteering skills, it began to rain, and the group briefly sheltered under a large beech tree. Without warning, a large branch from the tree fractured and fell on the group.
One child died, and three other children suffered fractures and serious injuries. All the children were terrified by the experience.
The claimants argued that the tree inspectors failed to exercise reasonable care in their task.
Mr. Justice Mackay concluded that the inspectors had used all the care expected of reasonably competent persons and that The National Trust was not negligent or in breach of its duty. The claim against The National Trust was dismissed.
Joanna Parker v The National Trust (2021)
Joanna Parker suffered terrible and life-changing injuries when she was struck by a substantial branch that had fallen from a Horse Chestnut tree while visiting Lyme Park in August 2016.
The court concluded that the National Trust properly discharged its duty to take reasonable steps to ensure that Joanna Parker was reasonably safe when visiting the park. The serious injuries suffered were determined to be the result of a tragic accident rather than the Trust’s negligence. The claim was dismissed.
References to the cases
Bowen (A Child) & Ors v The National Trust [2011] EWHC 1992 (QB) (27 July 2011)
Joanna Parker v The National Trust [2021] EWHC 1589 (QB) (23 April 2021)
References for tree management
Specific advice from the HSE on Managing the risk from falling trees or branches
The Forestry Commission (2000) Hazards from trees. A general guide
English Nature (2000) Veteran trees. A guide to risk and responsibilities
National Tree Safety Group (2016) Common sense risk management of trees
Case: BUPA (2023)
What happened?
- Trees outside a BUPA care home had not been inspected for 4 years (since 2017)
- In 2021, the lack of inspections was spotted, and one was scheduled for a few weeks after the event
- An 8-year-old girl out for a run with her father, ran past the entrance to a BUPA care home
- A lime tree fell on her – serious crush injuries, leg amputated
- An investigation showed the tree was diseased with a fungus – probably rotting for some years
BUPA had determined that an inspection was reasonably practicable, and evidence is that the planned inspection would have identified the danger, hence reasonably foreseeable.
The HSE inspector said:
The most important thing Bupa should have had in place was that tree management strategy. That has a number of elements to it, the most crucial of which is being proactive – having periodic inspections of the site by someone with a working knowledge.
Penalties
BUPA pleaded guilty to HASAW 3(1). Fined £400k + £3,275. Likely to be a large undisclosed civil compensation payment.
More information
For more details see the news story at IOSH Magazine.
There was another prosecution in 2023 arising from a fatality when a tree fell in a school playground. An article at IOSH Magazine summarises the case.