Can you claim against the local council if you are injured by a falling tree?

A falling tree can cause life-changing injuries within seconds. For an injured person and their family, an immediate question is who was responsible for inspecting and maintaining it.

The answer may require more than identifying the owner of the land.

What happened?

In Yong Shui Tian v Majlis Perbandaran Langkawi Bandaraya Pelancongan [2026] 2 MLRA 308, a coconut tree fell on a visitor at Pantai Chenang, Langkawi, leaving him paralysed in the lower half of his body.

The High Court dismissed his claim against the council. On 8 December 2025, the Court of Appeal reversed that decision, found the council wholly liable and returned the damages claim to the High Court for assessment.

Why was the council responsible for the tree?

The beach fell within the council’s administrative jurisdiction. Its responsibilities under section 101 of the Local Government Act 1976 extended to dangerous trees affecting public safety, including trees on private land.

Council witnesses admitted that the beach’s coconut trees had not been monitored or maintained. The court found breaches of statutory duty and the duty of care.

The strong-wind defence also failed. Weather records and testimony showed light winds and no rain. The court did not accept that the injured visitor was responsible for his own injuries.

What should an injured person or their family do?

Medical care comes first. If it is safe, ask someone to record the exact location and photograph the tree, its base, surrounding area and any warning signs. Wider photographs showing nearby buildings or road names can help identify the site later.

Obtain witness contact details and ask nearby premises to preserve CCTV promptly. Keep incident reports, complaint reference numbers and any earlier reports about the tree’s condition. Do not enter an unsafe area or interfere with emergency work to collect evidence.

Retain medical reports, treatment bills, rehabilitation expenses and records of income lost. These documents help explain the consequences of the injury and support the amount claimed.

Do not abandon a potential claim merely because someone says the tree stood on private land. The relevant council’s boundaries, statutory responsibilities and the circumstances of the accident need to be examined. Equally, a fallen tree alone does not settle every question of liability.

What does this mean for those managing public-facing premises?

Keep inspection and maintenance records, document reports of hazardous trees and follow up on recommended work. Where responsibility is disputed, record who was notified and what action followed.

This case concerns a local council’s statutory responsibilities. The duties of a private owner, JMB or MC require a separate assessment; they should not simply be assumed to be identical.

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