Wirral Council fined over baby death tree branch

A council has been fined £100,000 for failures which saw a tree branch fall and strike a pregnant woman, leading to the death of her baby daughter.

The branch smashed through the windscreen of Elizabeth Stear's car in November 2016, injuring her stomach.

She was rushed to hospital for an emergency Caesarean but her baby, Lucia Jayne Stear, died 15 hours later.

At Liverpool Magistrates' Court, Wirral Council admitted breaching health and safety laws.

Mrs Stear said: "Usually when you think of your children you remember things like holidays, achievements, sports days, family days out, their favourite foods etc.

"We don't have those memories for Lucia."

The Health and Safety Executive (HSE) said Mrs Stear, who was 36 weeks pregnant, was driving on Arrowe Park Road in Birkenhead with her 13-year-old daughter and six-year-old son.

A large branch fell from a mature horse chestnut tree, crushing the roof of her car and injuring the right side of her stomach.

An investigation found the branch had a crack on its upper edge where it joined the main trunk and had begun to separate for at least one growing season before it struck Mrs Stear.

The tree had not been inspected for at least 13 years.

Wirral Borough Council failed to identify and manage the risks from falling trees and branches, and failed to implement a robust system of inspection of trees despite a similar incident occurring on Arrowe Park Road in January 2015, HSE said.

The council admitted breaching the 1974 Health and Safety at Work Act and was ordered to pay £50,000 costs in addition to the fine.

HSE inspector Rohan Lye said: "There are no winners in this sad case."

In September, Senior Coroner Andre Rebello concluded Lucia died as a result of an accident but said a number of failures by Wirral Borough Council contributed to her death.

Wirral Councillor Julie McManus, cabinet member for community services, said: "I would like to reiterate my deepest sympathies to Mr and Mrs Stear and their family.

"I know there are no words that could make things any better for the family, but on behalf of Wirral Council I would like to apologise unreservedly for the failings which contributed to their tragic loss."

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