A DAD was killed while walking his dog after a tree fell on him as a council has been fined £500,000 over his “avoidable” death.
Chris Hall, 48, was struck by the tree limb when he was out with his cocker spaniel, Benson, in The Carrs woodland in Wilmslow, Chesire, on August 28, 2020.
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His heartbroken wife Fiona read a victim impact statement in court, as their son Sam watched from the public gallery.
She said: “His death was utterly senseless and wholly avoidable,
“He was simply walking our dog on a dry, warm, summer’s day.
“His loss is colossal; his absence is immense and he leaves a void that can never be filled.”
Another large “limb” had fallen from the same tree just 11 months before Chris’ death.
It had been reported to Cheshire East Council and their grounds services contractor Ansa Environmental Services Ltd.
But Chester Magistrates Court heard no action had been taken apart from a visual inspection by Ansa, as reported by Cheshire Live.
Matt Reynolds, prosecuting, for the Health and Safety Executive (HSE) told the court there were “significant” structural issues with the tree.
The HSE investigation concluded there had been no proper risk assessment done of the tree to see if it posed a danger to the public.
They found the council had not put enough in place despite Ansa officials raising concerns about the tree health.
At an earlier hearing both the local authority and Ansa admitted to breaching section 3 (1) of the Health and Safety at Work Act by exposing the public to risk.
The court were told how around six people are killed in the UK each year by falling branches or trees.
The risk is one chance in 10 million of being killed that way.
David Lewis, representing the local authority and Ansa, told the court a tree inspection regime is now in place.
District Judge John McGarva said: “The 2019 limb fall should have been a wake-up call and prevented this tragedy.”
Judge McGarva said if he had been fining a private company he would have imposed a £1.5 million penalty.
However, because these were not, the fine would be £500,000 for the council and a nominal £5 for Ansa, with legal costs of £7,284.
Outside court, HSE inspector Lorna Sherlock said: “This was an utterly tragic event that has caused the death of a much-loved husband and father.
“Had this public area been better managed, this death might have been avoided. No lessons were learned from the limb falling off the tree less than a year before.
“Fiona and the family have shown great courage and fortitude throughout their ordeal.”
