By Lien Yeung, Maryse Zeidler, CBC
News Posted: Mar 11, 2016 6:30 AM PT Last Updated: Mar 11, 2016 6:30 AM PT
A
tree that fell on a home during a wind storm and killed a woman
sleeping inside has raised questions about who is legally responsible
for maintaining trees on public property.
Jill
Calder died early Thursday morning when a tree broke through her roof
while she was in bed. The one-metre-wide tree was located
on a green belt behind her house in Port Moody, B.C.
Personal
injury lawyer Shadrin Brooks says cities can't be held legally liable
for a tree on public land unless there's evidence they have been
negligent in maintaining the tree. An argument could also be potentially
made if a tree was obviously dead or dying.
"They're
not necessarily responsible for every accident that occurs," he
said. "They have to have a reasonable policy and they have
to follow their policy but they're not really responsible for every loss
that occurs on their property."
Howard Normann, Vancouver Park
Board's director of park operations, says four officers inspect every
tree in Vancouver at least once
a year, and additional crews do maintenance year-round.
He
says despite the tragedy in Port Moody on Thursday, and the increasing
likelihood of inclement weather due to changing climates,
Vancouver's tree maintenance program will remain status quo.
"I
feel comfortable that the program we're currently using is working," he
said. "We didn't have that many trees that came down last
night or this morning."
However, Normann says residents should notify the city if they see a tree that could be hazardous.
No comments:
Post a Comment