The chance of injury from a falling tree in the Netherlands is small. Research by the RIVM shows that an average of 1.5 to 2 people die every year in the Netherlands due to a falling tree. This amounts to a chance of about 1 in 1 million per person per year.
A tree is more likely to fall on you if you are in a forest or park, or if you are close to a tree during a storm. The chance is also greater if the tree is sick or dead.
Here are the specific figures from the RIVM research:
In the period 2000–2019, an average of 1.5 people died per year in the Netherlands due to a falling tree.
- The average age of the victims was 62 years.
- Most victims were men.
- Most accidents happen in the forest or park.
- Most accidents happen during a storm.
The RIVM recommends taking the following measures to reduce the risk of an accident with a falling tree:
- Avoid walking under trees during a storm.
- Stay away from diseased or dead trees.
- Look for signs of a weak or diseased tree, such as loose branches or a crooked trunk.
- If you see a falling tree, try to get away from it as quickly as possible. If you can’t do that, lie flat on the floor and cover your head and neck with your arms.
Responsibility
Responsibility for personal injury caused by a falling tree depends on the circumstances of the case. In general, the person who owns or manages the tree is responsible for any damage the tree causes.
In the Netherlands, municipalities are often responsible for trees in public spaces. They have a duty of care to regularly check and maintain these trees. If a tree falls or a branch breaks and injures someone, the municipality may be liable if it has breached this duty of care.
In other cases, the owner of a tree may also be liable. This is the case, for example, if the tree is on private property and the owner knew or could have known that the tree posed a hazard.
What determines who or what
To determine whether someone is liable for personal injury caused by a falling tree, it must be assessed whether the person who owns or manages the tree has made a culpable error. This is done on the basis of the so-called Cellar Hatch criteria. Applied to falling trees or breaking branches:
- How likely was it that the tree would fall or a branch would break?
- What were the chances that this would cause an injury?
- Was it possible to prevent the tree from falling or a branch from breaking off?
- How difficult are the measures to be taken to prevent the danger from happening?
- Based on the weighting of the Cellar Hatch criteria applied to the specific case, it is assessed whether the owner or manager of the tree has acted carelessly and is or is not liable for the resulting personal injury.
In the event of an accident involving a falling tree, it is important to seek medical attention as soon as possible. It is also important to collect as much information as possible about the accident, such as the circumstances, the damage, and the identity of the owner or manager of the tree. This information can later be used to file a personal injury claim.
Municipality liable
Here is an example of a lawsuit regarding personal injury due to a falling branch in the Netherlands:
On January 4, 2019, the Gelderland court ruled that the municipality of Zutphen is liable for the personal injury suffered by a person after being struck by a broken branch of a chestnut tree. The tree had been monitored by the municipality for a number of years, and the person was sitting under the tree waiting for a tourist boat when the accident occurred. Both the court and the court of appeals accepted the liability of the municipality because it was ruled that the municipality should have taken more safety measures than actually happened, given the weak condition of the tree and the public location. The Municipality has filed several complaints against the court’s decision on unlawfulness, but the court has confirmed the court’s decision, which means that the Municipality has indeed been negligent in its duty of care. Gelderland District Court on January 4, 2019 and a ruling by the Arnhem-Leeuwarden Court on April 28, 2020.
This example shows that municipalities and private individuals can be held liable for personal injury caused by a falling tree. It is important to know that you are entitled to compensation if you are injured by a falling tree. A personal injury lawyer can help you determine liability and recover damages.
Here are some tips for filing a falling tree injury claim:
- Seek medical attention as soon as possible.
- Gather as much information as possible about the accident, such as the circumstances, the damage, and the identity of the owner or manager of the tree.
- Contact a personal injury lawyer
A personal injury lawyer can help you determine liability and recover damages. The lawyer can also help you file a claim with the insurer of the liable party. Have you suffered injuries or other damage? Please contact MCJ Advocatuur directly for a personal consultation.