Tree Branch Falls and Injures Three Toddlers: 2-Year-Old Left in Critical Condition
At Linda Vista’s Children’s Center, located in the 1200 block off Linda Vista. Avenue, a heavy tree branch fell from a tree and hit three toddlers who were playing outside at the time. The branch injured two toddlers and left one two-year-old girl in critical condition.
According to Lisa Derderian, a member of the Pasadena Fire Department, Linda Vista’s Children’s Center is a daycare-type place which resides on city-owned property.
The three children were outside playing near the jungle gym when the branch suddenly fell on them. It struck a 2-year-old girl hard enough to leave her in critical condition; the girl was rushed to the hospital to receive treatment. The other two toddlers were injured but not as severely. They, too, were taken to the hospital but were seen walking into the center holding hands with their parent or guardian.
It is not clear what caused the branch to fall, but it is being investigated.
Where Does Liability Lie If a Tree Falls and Injures Me?
To determine who shares the blame if a tree is to fall on you, one must examine the factors which are prevalent to that case. In the state of California, property owners are supposed to inspect the trees which are on their property and assure their trees do not pose threats to the public. If the landowner, upon inspection, sees there’s an issue but does nothing, and then an accident occurs, the landowner is liable for the injuries you received.
“Acts of God” are nature-induced accidents over which no one has control. These acts include storms, earthquakes, floods, hurricanes, tornadoes, and other such calamities. Thus, if an act of God is responsible for the tree falling, your neighbor is not liable.
How to Prove a Case
In the case above, if you want to prove that the daycare center was liable for your child’s injuries in order to collect the necessary damages, you must show that three things occurred:
- That the landowner had a duty of care to maintain the tree and keep it from becoming a hazard to the public;
- The landowner breached that duty (for instance, the daycare center or the city were responsible for inspecting the tree and did not do so);
- That the breach of that duty lead to the injuries (because they did not inspect the tree, it became a hazard and harmed you or your child).
What Compensation Is Available to Me?
Our law firm is here to get you the compensation you deserve for other people’s negligence to help cover the costs of your injuries and other damages you received as a result of a rogue branch.
There are two types of compensation which are generally available to victims of fallen tree branches: special damages and general damages.
Special Damages: Compensation awarded which covers monetary damages. Special damages can help cover medical costs, lost wages, and property damage.
General Damages: This can help pay for the effects of the branch like pain, suffering, inability to perform daily tasks, and the reduction of life.
The DTLA Law Group is here to help get you what you deserve if a tree falls on you. We know that fallen tree branches can be incredibly traumatic experiences, and so we have made it our mission to ensure the client gets what they deserve. We offer free consultation and the zero-fee guarantee. Call us today to see what we can do for you.
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