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Court Summary - at a glance
- Identify appropriate controls to manage the risk to public safety;
- Ensure an effective exclusion zone was in place; and
- Use effective controls to minimise the risk of the public walking into the fall zone.
The Defendant was engaged to carry out work at a residential address at the end of a cul de sac, including the trimming and reducing of various trees and the removal of a palm tree, which was approximately 3 – 5 metres tall.
On the day of the incident, a neighbouring resident walked out of her driveway onto the footpath and was struck by the branches of the palm tree as it was being felled.
The victim suffered multiple rib fractures and a laceration on her back requiring stitches. Previous fractures to her right elbow and right ankle were re-fractured as a result of the incident.