lOOkING afTER YOUR HEdGEs

Spring has sprung once again and gardens are beginning to bloom - with flowers, trees and hedges growing at pace. But if your hedge protrudes onto a public paths or highways, it’s important to ensure it remains well maintained, otherwise you could find yourself footing a large bill from the authorities.

Charlotte Ellis, Legal Adviser at DAS Law explains how to stay on the “right side of the law” and avoid being a nuisance when it comes to your garden or driveway.

Protruding brambles – if a member of the public hurts themselves on a protruding bramble from my hedge, am I liable?

Providing fault can be established, hedge owners may be liable in this situation. Negligenceacts or omissions falling short of the reasonable standard - is a prerequisite for most personal injury claims. To bring a successful negligence claim, the injured party must demonstrate that the hedge owner owed them a duty of care and subsequently breached this obligation. Resulting injuries must have been reasonably foreseeable and victims will need to disclose evidence in support of their injuries. Crucially, personal injury claims need to be actioned in the courts within three years from the date on which the accident occurred. Prospects will need to be assessed if pursuing this type of claim as brambles, much like other invasive plant species, will grow exponentially in the summer months.

Therefore, it may possibly be seen as reasonable for hedge owners to maintain and cut the protruding brambles in the summer months to the reduce risk of injuries to members