Tyson Operates A Tree-Lopping Business As A Sole Trader: Enterprise Law, BU, Australia

Tyson operates a tree-lopping business as a sole trader. He has been hired by Sarah to come and remove six trees from her backyard as she is worried that when the next big storm comes some of the branches might fall on her house or into the neighbors’ yards. On 1 May 2021, Tyson comes to assess the trees and provides a quote to Sarah of $1,500.00 which she accepts.

The next week he brings his truck full of equipment and an assistant, Abby, recently employed by Tyson, to start the job. Before he starts cutting any of the trees down he decides to go and speak to the next-door neighbors. The neighbor on the southside is home and Tyson explains that he will be cutting down some trees and that there is a risk that one of the branches could land in their backyard.

The owner of the house, Jackie, says that she appreciates the warning and will now go and move the table and chairs which are sitting in the middle of the yard so they don’t get damaged. The neighbor on the northside is not home so Tyson decides to just be extra careful with the trees close to their yard. At 1 pm Tyson and Abby start cutting the trees down.

During the afternoon the following mishaps occur:

• At 2 pm Abby is cutting a branch which she has failed to secure properly, such that it falls into the neighbor’s yard on the northern side, squashing a small apricot tree and breaking the large terracotta pot in which it was growing.
• By 4 pm the wind has picked up but Tyson decides to continue work. One of the branches he cuts blows onto the roof of Sarah’s house and smashes one of her newly installed solar panels.
• At 4.30 pm Tyson cuts a branch that blows into the neighbor’s yard on the southern side and damages the table and chairs which were still sitting in the middle of the yard.

When Jackie hears the crash of the branch she realizes she had forgotten to move the table and chairs. She runs out the back to assess the damage but while she is out there part of the branch that hit Sarah’s solar panels blows off the roof and into Jackie’s yard striking her on the arm leaving a large cut that requires 10 stitches. Advise Tyson of his potential liability under the tort of negligence and whether he has any defenses available.