Based on reporting by STV News, 25 October 2026. All rights in the original report remain with the publisher.
What was reported
According to STV News, two women were taken to hospital after being struck by a falling tree near Poplar Avenue in Aberfeldy, close to the pedestrian crossing locally known as the Bouncy Bridge. Emergency services were called to the scene at around 12.50pm on Sunday 25 October 2026.
As reported by STV News, Police Scotland urged members of the public to stay away from the Poplar Avenue area while Storm Boelo passed through. The force confirmed that both women received hospital treatment following the incident.
STV News also reported that the Aberfeldy incident was one of several storm-related emergencies recorded across Scotland that day. Police Scotland noted separately that a man in his 60s died after being struck by a falling tree near Castle Douglas on the same morning, with a report being submitted to the Procurator Fiscal.
Public place accident claims in Scotland
When someone is injured by a falling tree in a public area, the question of who may be legally responsible depends on who owns or manages the land or the trees in question. In incidents of this kind, liability often rests with the party responsible for maintaining the trees, whether that is a local authority, a landowner, a housing association or another organisation with a duty of care over the surrounding land.
Under Scots law, occupiers of land have a duty of care to visitors and, in some circumstances, to members of the public passing nearby. The Occupiers' Liability (Scotland) Act 1960 sets out that occupiers must take reasonable care to ensure that people do not suffer harm as a result of dangers on their land. Where a tree poses a foreseeable risk and that risk was not addressed, a claim for personal injury compensation may be possible.
Weather conditions are relevant in any such claim. Storms can introduce what lawyers sometimes call a novus actus interveniens, an intervening event. However, where it can be shown that a tree was already in a dangerous condition, or that warnings were not acted upon in time, this may not necessarily prevent a successful claim. Each case turns on its own facts. Pursuing a claim on a no win, no fee basis means there is no financial risk in exploring your options. If you win, our success fee is capped at 18% including VAT, below the Scottish statutory maximum, with no hidden extras, and legal costs are recovered from the other side where possible.
Time limits
In Scotland, the Prescription and Limitation (Scotland) Act 1973 sets a general time limit of three years from the date of an accident in which to raise a personal injury claim in court. Missing this deadline will in almost all cases mean losing the right to claim entirely.
There are limited exceptions. Where an injury or its cause was not immediately apparent, the three-year period may run from the date the injured person first became aware of the connection between the injury and the incident. For children, the three-year period does not begin until their 16th birthday. Anyone who lacks legal capacity also benefits from different rules. Despite these exceptions, it is always advisable to seek legal advice as early as possible, while evidence is fresh and witnesses are available.
What compensation can cover
A successful personal injury claim in Scotland can include compensation for a range of losses, both financial and personal. These typically include:
- Solatium, the Scottish legal term for pain, suffering and loss of amenity, reflecting the physical and emotional impact of the injuries.
- Loss of earnings, covering wages or salary lost during recovery, and any future loss of earning capacity if the injuries have a lasting effect on the ability to work.
- Care and assistance, where a family member or carer has provided support during recovery, a reasonable value for that time may be claimed.
- Medical treatment and rehabilitation, including physiotherapy, specialist consultations or any other treatment costs not covered by the NHS.
- Travel expenses, such as the cost of getting to and from medical appointments.
Compensation is calculated according to the nature and severity of the injuries, the impact on the person's daily life and any financial losses that flow from the accident. Awards are not designed to be windfalls but to put the injured person back, as far as money can, into the position they would have been in had the accident not happened.
Frequently asked questions
Can I claim compensation if I was injured by a falling tree during a storm?
It may be possible, depending on the circumstances. A storm does not automatically remove liability from those responsible for maintaining trees. If a tree was already in poor condition, or if warning signs were ignored before the storm struck, a claim could still succeed. The facts of the specific case will always determine whether a claim is viable.
Who would be responsible for a falling tree on a public path or near a public bridge?
In incidents of this kind, responsibility is likely to rest with whoever owns or manages the land and the trees on it. That could be a local authority, a landowner or another public body. Establishing ownership and maintenance obligations is an early step in any such claim.
How long do I have to make a claim in Scotland?
The general rule under the Prescription and Limitation (Scotland) Act 1973 is three years from the date of the accident. Exceptions exist for children and for cases where the cause of injury was not immediately obvious. It is best to take advice promptly so that evidence can be gathered while it is still available.
What if I was partly to blame for putting myself in a dangerous area?
Scots law allows for what is called contributory negligence. If a court finds that an injured person was partly responsible for their own injuries, for example by ignoring warnings to avoid an area, any award of compensation may be reduced to reflect that. However, partial responsibility does not necessarily prevent a claim from succeeding altogether.
Does it cost anything to find out if I have a claim?
Initial advice on whether you may have a valid claim is typically provided at no charge. If your case is taken forward on a no win, no fee basis, you pay nothing if the claim is unsuccessful. If you win, our success fee is capped at 18% including VAT, which is below the Scottish statutory maximum, with no hidden extras.
Based on reporting by STV News, 25 October 2026. All rights in the original report remain with the publisher.