The municipality maintains it cannot be held liable for damage caused by forces, or what is considered “acts of God”, reasonably beyond its control.
Such circumstances include any event such as strong winds, flooding, an earthquake, hurricane, tornado and volcanic eruption.
The metro was reacting to a Plantation resident who has been left fuming after his claim to have the thatch roof of his lapa, damaged by a tree branch, was rejected.
READ story here: Frustration as metro rejects tree damage claim
Providing the basis the claim was rejected on, the Ekurhuleni metro spokesperson, Themba Gadebe, said: “The claim was rejected because the branch that fell on the fence and the lapa was blown off by a strong wind (force majeure) and not by any act of neglect on the side of the City of Ekurhuleni (CoE).”
“It might have been considered negligence on the side of the municipality if the claimant submitted proof that the trees had been reported before the incident to the parks department as posing a danger to their property.
“No such proof was submitted, but if it exists the claimant remains at liberty to appeal the ruling of council’s insurers,” said Gadebe.
Regarding who exactly is responsible for paying for the damages caused by untrimmed branches of the city’s trees, Gadebe said if damages arose accidentally as a result of a pruning or trimming exercise, council would be liable, but in this instance the damages arose as a result of an event beyond the control of the municipality.
Regarding who is at fault when a tree falls on a neighbouring property, he said it depends on the circumstances.
“If the individual suffering damage as a result of the fallen tree has given the owner on the property warning in advance that the tree is posing a danger to his property and the owner failed to mitigate the risk, he would be liable.
“If, however, the tree fell as a result of an event beyond the control of the owner, in general terms “an act of God” (force majeure), the individual who suffered the damage (or his insurers if insured) would be liable for his own damages.
Gadebe said the metro removed the tree and covered the cost of repairing the damaged electric fence hassle-free as a goodwill gesture to ensure the owner’s property was not unduly exposed to break-in or theft.
“That was, however, in no ways admission of liability.”
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