Ruuums, and the branch lands on a parked car. Well meal, big damage! In the past, the tree owner had to prove that he was not responsible for the falling branch – this will change in the future with a new tree liability scheme for personal injury and property damage. You can read here what it actually looks like, which trees it affects and when it applies!
Until now, there was no explicit regulation for tree liability: “That is why construction liability was extended in an analogous manner to damage caused by trees and falling branches,” says lawyer Martin Bleckmann. However, this was also accompanied by a tightening of liability and a reversal of the burden of proof: “The tree owner had to prove that he had exercised the objectively required care in order to release himself from liability.”
However, the fear of strict liability led to so-called fear cuts: “For example, trees along streets and paths were often felled across the board due to an alleged liability risk, even if such a far-reaching measure had not been taken. necessary from a safety perspective,” says the expert.
Many trees that had special ecological value because of their age also fell victim to the liability panic. The new regulation is intended to stop such pointless “fear reductions” in the future. “Section 1319b ABGB, which was newly created for this purpose in tort law, will come into force on May 1, 2024,” Bleckmann said. This is what it will look like in the future:
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
