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During the festive season, many town councils in the UK erect a Christmas tree in their shopping centre or public square to celebrate and bring some cheer to the darker evenings for late night Christmas shoppers. However, sometimes a member of the public might be unfortunate enough to experience a Christmas tree accident and suffer a personal injury.
Definition of a public place
In law the definition of a public place is an area either indoors or outdoors which the public have access to by right or by invitation. The area can be a publicly or privately owned place and entry into it can be free or paid. However, it is not deemed a public place if it is only used by one individual or a group of individuals for private, personal gatherings.
Public liability insurance and event insurance
When putting up a Christmas tree in a public area, councils, and the company which they use to erect it, should obtain public liability insurance in order to cover any personal injury suffered by a member of the public, such as objects falling on them from above. Event insurance for Christmas light displays may also be a good idea.
Having this insurance means that, should an individual suffer a Christmas tree accident whilst in the public area it which it has been placed and subsequently pursue compensation claim, the council or company hired by them are financially protected and can use their insurance to pay compensation to the victim.
Unlikely danger of the festive season
In 2003, a man in Prague had to use a wheelchair for months after undergoing extensive surgery on his head, chest, spine and legs having suffered life-threatening injuries when the Christmas tree in Old Town Square Christmas Market, which was over 30m tall, fell on him.
The 61-year-old man was nearly killed and even after his injuries had healed, he had to use a walking stick to help him get about. He had a seven year battle before receiving 560,000 CZK (around £20,000) in compensation from the council and market company responsible for not having secured the tree correctly.
In the US in 2010 a 12m tall tree, which had been put up in South Dakota, fell over. Luckily there was a blizzard at the time so no one was in the area. The officials in charge of putting it up assured the public that there were concrete blocks and sandbags holding the trunk safely in place, but despite their efforts, the tree did not hold.
Christmas tree accidents can happen anywhere, and can cause the victim pain, suffering and loss of earnings. Becoming injured at any point may be stressful for an individual, but could be regarded as even more unfortunate during the festive season.
Claiming Christmas tree accident compensation with YouClaim
YouClaim have a team of no win no fee solicitors waiting to help you receive 100% compensation with a successful claim. Our services won't cost you a thing and we explain the legal process to you in plain English.
To find out if you are eligible to claim compensation for a Christmas tree accident which caused you personal injury, fill in our short online claim form and a member of our team will contact you regarding your case. Alternatively, give us a ring on 0800 10 757 95.
