My son was playing in the park within our community scheme. A tree branch of an old and diseased oak tree collapsed and injured him. He needed extensive leg surgery and I had to pay $2000 in medical expenses. Can I recover this money?
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Answer by Neha Sharma, Hillsdale 2036 Sydney
- The association is required to take out a minimum of $10,000,000 in public liability insurance. This covers the association against claims of death or injury or damage to property for which the association might be held responsible.
- Since your son was injured on association property due to a tree branch collapsing it is possible that the association will be responsible.
- The association has an obligation to ensure that the common area is maintained and in a good condition. This includes making sure that the trees in the common areas are healthy, free of parasites and not a likely hazard to users of the area.
- If your son was climbing the tree you may need to check whether this activity is prohibited in the association’s management statement.
- If not it is possible that the insurance company will pay out the claim for your son’s injury.
- All associations are obliged to take out certain insurances so it is very unlikely that your association will not be covered by insurance.
- If your association is not covered or the insurance company refuses your claim you may take action in court. You will need to seek expert legal advice before initiating any legal action.