A father of four, James Williams, found himself in a dire situation after his neighbor’s tree crashed into his garden, leaving him with over £85,000 in debt. The 30-foot ash tree from the council allotments beside his property had been a cause of concern for James, who had repeatedly warned Bristol City Council about its hazardous condition for eighteen months.
Despite James’s efforts, the council did not act, and the inevitable happened – the massive tree fell, destroying the family’s swimming pool, trampoline, and summer house. The incident could have been fatal if James’s family had been in the pool at the time. With minimal coverage from home insurance, James decided to take legal action against the council.
In a disappointing turn of events, the court ruled that the council was not liable for the damages, leaving James with a hefty bill of £85,000. This included costs for garden repairs and court expenses. The family’s ordeal was exacerbated by the fact that they had just welcomed a newborn days before the incident, making the situation even more challenging during a time of lockdown.
James and his wife, Leanne, had reported the tree’s deteriorating condition to the council, expressing concerns about its health and the potential risks it posed. Despite assurances from the council’s tree officer to address the issue, the tree was not taken down promptly. When the tree finally fell in October 2020, it caused significant damage to their property.
The aftermath of the incident left the family grappling with a ruined garden, shattered glass, and debris from the destroyed structures. Although the council initially admitted liability and sent someone to remove the fallen tree, they later retracted their responsibility, attributing the incident to a storm.
James’s legal battle with the council, claiming negligence in the assessment of the tree’s condition, ended in disappointment as the court sided with the council’s decisions. The family continues to struggle with the financial burden and the physical remnants of the fallen tree, with James expressing the ongoing challenges of clearing the debris and restoring their garden.
The emotional toll on the family, especially on Leanne and their children, has been profound. The traumatic experience of narrowly escaping a potentially fatal accident has left lasting scars on their peace of mind. Despite the setbacks, James remains determined to rebuild their garden and move past the devastating impact of the fallen tree.