What should I do if a tree falls on me or my property?

SINGAPORE – While the number of tree-related mishaps in Singapore has fallen in the past two decades, stormy weather still sends trees toppling on unsuspecting cars or nearby property.

On June 30, a 20m-tall tree

fell on a shophouse in Tiong Bahru, damaging a cafe in the building.

Two days later, another tree collapsed and pinned a car on the Pan-Island Expressway near Toa Payoh.

While the tree in Tiong Bahru was deemed healthy when last inspected in July 2022, it toppled after consecutive days of rainy weather and strong gusts of wind, with wind speeds exceeding 55kmh on that day, said the National Parks Board (NParks) in response to queries.

The Straits Times speaks to lawyers to find out what people can do if they have suffered from damage or injury from a falling tree.

Q: What should I do when a tree injures me or damages my property?

A: Owners should first ensure the safety of their premises and contact the relevant authorities, said Ms Chong Xin Yi, head of dispute resolution practice at Gloria James-Civetta & Co.

“Thereafter, damage should be assessed and documented by experts if available,” she added. Medical reports should be obtained if there are injuries.

Owners can also prepare themselves for potential tree falls with car cameras to record visual evidence, said Ms Chong.

She added: “If owners notice issues with trees in the surrounding areas, the party responsible for the maintenance of the tree should be notified in writing.”

People affected by a fallen tree on public property can use the OneService mobile app to report the incident, or call the NParks helpline on 1800-471-7300 for urgent cases.

Q: Who can I claim compensation from if a tree damages my property or injures me?

A: Owners can claim against the party responsible for maintaining the tree, said Ms Chong.

Generally, trees on public property are maintained by NParks, which manages about six million trees here. These include two million urban trees along roads and in parks, gardens and on state land.

Responding to queries, NParks said each claim is assessed on its own merit. Trees that the statutory board maintains are covered by a public insurance policy that encompasses property damage and personal injury claims.

Trees in public housing estates are planted and maintained by town councils, while those in new public housing estates are planted by the Housing Board, according to the Ministry of National Development in 2021.

If trees are located on private property, the person who owns or occupies the property will be responsible for maintenance, according to online legal resource Singapore Legal Advice.

Q: How can I claim for damage that I have suffered from a falling tree or branch?

A: Parties responsible for maintaining trees should ensure that these do not harm people or damage property.

This includes regularly checking a tree and ensuring it is in good health, said Singapore Management University (SMU) associate professor of law Low Kee Yang.

Next, the courts will assess how careful the party needs to be when maintaining the tree against several factors, including risk of damage, cost of reducing risk and social utility.

Prof Low said: “When you go to any park, there is the risk of trees and branches falling on you and this risk will be balanced against the utility of trees, which provide services like clean air.

“With Singapore’s mission to become a city in nature, trees are also deemed to be socially important.”

Another key factor is the cost required to lower the risk of falling trees or branches, he added.

NParks

conducts regular tree inspections every six to 24 months,

depending on the location and size of the tree. Trees that are close to areas with high pedestrian or traffic activity are inspected more frequently.

Prof Low said: “NParks looks after about two million trees near urban areas, so if you have to schedule more frequent checks, that raises the question of whether that is worth the cost.”

It is also important to consider whether there are any possible defences against a claim, he added.

For example, if a person jogging in a park during a storm is injured by a falling tree, this could amount to consenting to the risk, which would void his claim for damages, or contributory negligence, which will reduce the damages that a person can claim for.

In most cases against the Government, people usually end up settling, said Prof Low.

Ms Chong said if all duties to maintain the tree have been discharged and the tree falls without any external intervention, then it can be considered an act of God, also known as an act of nature. Most insurance policies do not cover acts of God.

SMU law professor Gary Chan said: “To count as an act of God, the falling tree incident must not be foreseeable.

“It would generally have to be an extraordinary or unprecedented natural event.”