Laura Sharman 21 July 2020

Council fined after fatal tree branch accident

Wirral Borough Council has been fined £100,000 after a pregnant woman lost her baby when a tree branch fell and hit her moving vehicle.

The woman, who was 36 weeks pregnant, was struck in the stomach after a large branch fell from a tree while she was driving her two other children to school.

Elizabeth Stear was taken to hospital where her baby was delivered by an emergency caesarean, but sadly only lived for 15 hours.

An investigation by the Health and Safety Executive (HSE) found the council failed to identify and manage the risks from falling trees and branches. It also failed to properly inspect trees despite a similar incident occurring in January 2015.

The council pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £100,000 and ordered to pay costs of £49,363.

HSE inspector, Rohan Lye, said: 'There are no winners in this sad case. councils have a duty to proactively assess and control risks to members of the public. This tragedy could so easily have been avoided if the risk had been identified, warnings had been heeded and an adequate tree management system had been implemented.'

Cllr Julie McManus, Wirral Council cabinet member for community services, said: 'I would like to reiterate my deepest sympathies to Mr and Mrs Stear and their family. I know there are no words that could make things any better for the family, but on behalf of Wirral Council I would like to apologise unreservedly for the failings which contributed to their tragic loss.

'The issues that were highlighted as a result of the investigation that followed Lucia’s death – and which formed the basis of this case - have led to substantial investment by Wirral Council in how it now manages tree inspections.'

SIGN UP
For your free daily news bulletin
Highways jobs

Part Time Domestic Assistant

Essex County Council
Up to £25959.00 per annum + Pro Rata
Part Time Domestic AssistantPermanent, Part Time£27,516 per annum, Full Time Equivalent including additional allowanceLocation
Recuriter: Essex County Council

Digital Content Designer

London Borough of Richmond upon Thames and London Borough of Wandsworth
£40,260 to £54,507 per annum
Job Title
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Intensive Fostering Support Practitioner.

Essex County Council
£33049.00 - £37698.00 per annum + + 26 Days Leave & Local Gov Pension
Intensive Fostering Support Practitioner.Permanent, Full Time£33,049 to £37,698 Per Annum. Location
Recuriter: Essex County Council

Intensive Fostering Support Practitioner.

Essex County Council
£33049.00 - £37698.00 per annum + +26 Days Leave & Local Gov Pension
Intensive Fostering Support Practitioner.Permanent, Full Time£33,049 to £37,698 Per Annum. Location
Recuriter: Essex County Council

Team Leader - Tenancy Sustainment

Durham County Council
Grade 12 £45,529 - £49,817
Join our Housing Assets and Investment team as a Team Leader - Tenancy Sustainment and play a key role in helping residents maintain successful tenanc Seaham
Recuriter: Durham County Council
Linkedin Banner