We represented Mr. G, who was left paralysed from the waist down and in a wheelchair after a serious road traffic accident. While driving past a field Mr. G’s car was crushed by a falling tree. He was trapped inside the car and had to be cut free by the emergency services.

He was taken to a specialist spinal injuries unit and it was found that he had suffered a fractured thoracic vertebrae and severe lacerations as well as a fracture desolation of cervical vertebrae in his neck that led to his paralysis.

Our approach

In this case liability could be with two parties – either the landowner who owns the land that the fallen tree stood on, or the Highways Agency, as they carry out inspections of trees and other growths by the side of roads.

However the authority only has the power to act on such trees rather than a duty, so liability on their behalf on this occasion could not be proven.

The main claim was therefore against the landowner. It was made more complex as the piece of land was a mile away from her home so was not covered by the household insurance. As well as this the land had no separate insurance.

A successful outcome

We successfully secured a six figure payout for our client. This compensation will be essential in assisting with independent living.