An Isle of Wight holidaymaker who was left bruised and bleeding after being struck by a low-hanging tree branch on an open-top bus has been left frustrated after Southern Vectis, Island Roads and the Isle of Wight Council all rejected liability for the incident.
Michael Southam, who has been holidaying on the Isle of Wight since childhood, was enjoying a family day out on Southern Vectis’s popular Downs Breezer service when a branch struck him in the face on 27th May this year.
The impact left him with significant swelling and bruising around his left eye, as well as cuts to his face and forehead, turning what should have been a memorable family outing into a distressing experience.
For Michael, the Isle of Wight is much more than just a holiday destination. Having first visited as a little boy with his grandparents, who would bring him down from Hertfordshire for a traditional seaside escape, the Island has remained a special place throughout his life.
It’s a tradition he has continued with his own family, returning during the May bank holiday with his wife, son and mother to enjoy the same place that holds so many childhood memories.
However, this year’s visit took an unexpected turn when the family boarded an open-top bus to take in some of the Island’s sights.
The Southam family set off from Thorness Bay Holiday Park, where they were staying, and travelled east across the Island before boarding Southern Vectis’s Downs Breezer service towards Ryde Interchange.
After getting off at Ryde Esplanade and enjoying time along the seafront, the family reboarded the open-top bus to continue their sightseeing adventure.
But as the bus travelled through St Helens, between Attrill’s Hill and Eddington’s Corner, disaster struck.
Michael, who was sitting around halfway along the upper deck, was suddenly hit in the face by a low-hanging tree branch, which had smaller offshoots protruding from it.
The blow struck his left eye area, causing immediate bleeding, bruising and swelling.
Photographs taken following the incident show the extent of his injuries, with his left eye swollen shut, considerable discolouration beneath it and several cuts and abrasions around his eye, cheek and forehead.
The family alerted the bus driver to what had happened before making their way back to Ryde, where they sought advice from a local pharmacy. Staff advised Michael to seek further medical attention from a GP or A&E to assess his injuries and check for any damage to his eye.
In the months following the incident, Michael has been attempting to establish who is responsible for ensuring that roads used by open-top buses are kept clear of potentially dangerous overhanging branches. He contacted Southern Vectis, Island Roads and the Isle of Wight Council, but all 3 have rejected liability.
According to Michael’s account, the Isle of Wight Council maintained that responsibility for managing vegetation along routes used by open-top buses lay with the bus operator, rather than the highway maintenance team as part of Island Roads.
However, Southern Vectis has disputed responsibility, with its claims representatives stating that the branch was growing from private land and that maintaining it was therefore the landowner’s responsibility.
Despite rejecting liability, Southern Vectis reportedly attended the location following Michael’s injury and cut back the offending branch so that buses could continue operating along the route safely. This was confirmed in correspondence from Gallagher Bassett, the company responsible for handling Southern Vectis’s incident and claims process.
On 9th September, Michael was informed that Southern Vectis would not accept liability for the incident, with the position being that responsibility for the tree rested with the private landowner. However, the bus operator has previously publicised that it clears overhanging branches and vegetation across the Isle of Wight’s road network.
For Michael and his family, the ongoing dispute has added further frustration to an incident that has already cast a shadow over their annual Island holiday.
The family’s concerns are not only about what happened to Michael, but also about the safety of other passengers who may be exposed to low-hanging branches while travelling on open-top services.
Simon Moye, Operations Manager at Southern Vectis, has said:
“We are sorry to hear that a customer was injured while travelling on our service. The safety of our customers is always our priority.
“This matter has been fully investigated through our established incident and claims process.
“Having completed that process, we have no further comment to make.”
