Council denies claim for $10,000 damages

An Usher family could be $10,000 out of pocket after a tree on Bunbury City Council land fell during a storm damaging their house, boat and car.

The council has denied liability for the damage despite Anne and Donald Jefferey and surrounding neighbours making numerous calls to the council reporting safety concerns about the tree.

Bunbury City Council deemed the tree to be in a healthy condition during its last inspection in April, 2008.

The 25m tall tree fell onto the front of the Crampton Avenue house damaging the roof, their boat and car, leaving the family to pay the insurance excess.

The Jeffereys made a claim to the council and as a result council staff went to the property after the storm to take pictures of the damage for their insurer, Local Government Insurance Services, to assess.

Slater & Gordon Bunbury solicitor Robert McCabe said the family had a case against the council, which he said could be liable for the damage.

‘‘If the tree was on council property the council could be liable as the council was forewarned about the tree prior to the damage,’’ Mr McCabe said.

‘‘Storms aren’t freak events — the council was aware of the problems caused by the tree.

‘‘If the tree presented as a hazard to residents the council should have reasonable steps in place to eradicate the problem.’’

City of Bunbury chief executive officer Andrew Brien said the council referred the claim to its insurer, which advised the council did not have control over the weather.

‘‘Merely because the tree in question may be growing on council land does not mean the City of Bunbury is automatically responsible for any damage allegedly caused by the tree,’’ Mr Brien said.

Local Government Insurance Services senior claims consultant Luke Mettimano recommended the Jeffereys contact their insurer.

‘‘The council can’t control the weather therefore the City of Bunbury can’t be held liable,’’ he said.

‘‘It is up to the insurer to cover the claim.’’

Mr Jefferey said he was frustrated with the council’s lack of support and his insurance company would not provide a final figure on the cost of the damages.

‘‘They just keep saying the excess costs will be quite substantial,’’ he said.