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Family of tree crush boy sue National Trust in landmark law suit
Last updated at 00:07am on 20.12.06
Fallen trees are a problem
The National Trust is facing a multi-million pound fine after a boy was crushed by a falling tree - raising fears that thousands will have to be chopped down to avoid expensive litigation.
Eight-year-old Timothy Sutton died instantly from severe head injuries after a 122ft beech cracked in winds of up to 67mph and landed on top of him.
Now it has emerged the Trust could be fined an unlimited amount for failing to ensure the safety of visitors on its property.
It is the first time in the National Trust's 110-year history that it has been blamed for the death of one of its millions of visitors.
Now there is concern that trees in parks and woodland could be cordoned off to avoid the expensive risk of falling branches.
Speaking in the House of Lords, Tory peer Lord Renton said the National Trust was being unjustly criticised for an accident caused by nature.
He said: "This tree was blown over in a big gale. It was an accident, an act of God."
And he added: "There are millions of trees in the UK and it is impossible to look after them in such a way that you can always avoid risks.
"Are we suggesting they should all be cut down or that people should not walk near trees?
"It is intolerable that people responsible for our parks and forests should be worried about the threat of legal action.
"Our compensation culture has gone too far."
Timothy died during a country walk with relatives in Dunham Park, Cheshire after a pub lunch on New Year's Day last year.
After the tragedy, the National Trust was criticised for apparently failing to notice that the 265-year-old tree was rotten.
But now it is claimed a problem was first noticed 26 years ago but nothing was done because the tree was an attractive part of the landscape. Several of the group were injured when the branch came crashing down on top of them.
And the National Trust faces a further six-figure bill for trauma suffered by the seven members of the Sutton family who witnessed Timothy's death.
The family's solicitor, Jonathan Betts, confirmed he is pursuing claims which could be worth up to £20,000 for each of them.
He said: "The tree was rotten but, because it was so attractive, they had not dealt with it properly.
"It would have destroyed the landscape and was considered an important habitats for bats and other wildlife."
Timothy's mother Julie, 39, an office manager, suffered a fractured knee and ankle in the incident, while another son, Jamie, 19, received head injuries and lacerations from the five-foot thick trunk.
Dunham Park was shut for a week following the disaster so that other trees could be chopped down.
Last night a spokesman for the Trust said: "There are tree inspections every year and there had been inspections at Dunham Park in the months preceding this accident. "All the work on the trees that had been identified, had been done. We are waiting to see what the health and safety executive investigation comes up with."
Reader views (2)
What a shame the boy died, but it was an accident, Mother Nature cannot be held responsible for such actions. And please stop calling it an act of god; we should not be blaming such actions on gods, fairies and other myths and stories. It was simply weakened by the wind and it was unfortunate that the little boy was standing near to it. Again the only winners out of this will be those greedy lawyers.
- Steve, London, England
This is absolutely ridiculous, and it is the lawyers who prey on the bereaved family who are to blame for telling them that it is the 'fault' of the National Trust that their little boy was killed. It was a tragic accident, nothing more.
- Mark Dean, Reading
