An owner of a property is responsible for maintaining safe premises free from known dangers to persons inside the property and individuals outside of the property. A property owner can be held liable of tree or limbs of trees fall down on unsuspecting individuals causing property damage and personal injury. If you have been injured due to a falling tree in the state of California contact our Personal Injury Lawyers today. We will protect your right to compensation for your injuries and property damage.
Property owners and occupiers of land have a duty to inspect tree in order to determine whether the tree is a potential hazard to guest on the premises or individuals close by. If a hazard is determined the landowner must remove the tree or implement safety precautions to remove the hazard. Not removing the tree can result in a tree fall or branch collapse. Either instance can cause serious bodily injury to another person or property damage.
In the case of city-owned trees, the city must conduct regular inspections of all of their trees to ensure that no person gets injured. If a city fails to do so, then that person can file a lawsuit against the city and recover damages. In order to recover for a personal injury due to property owner negligence, a plaintiff in an injury claim must prove three elements:
Unsuspecting victims can suffer injuries caused by low hanging tree branches. Tree branches that hang too low can be hazardous to anyone who is walking, riding a bike, or even driving near the tree in question. Depending on the specific type of incident, victims could be left suffering from head injuries, facial lacerations, neck injuries, scrapes, bruises, etc. Some victims might even experience broken teeth, broken nose, or concussions, for example. The initial incident involving the low hanging tree branch can even cause additional incidents; a bicyclist might lose control and crash. The same might occur to a driver – they might be startled by the low handling tree branch, try to avoid it, and crash.
Of course, the property owner responsible for maintaining the tree – whether it’s the city or a private property owner – have to prune the branches both to prevent low hanging branches and to get rid of any existing low hanging branches. When these low hanging tree branches are not addressed, then they present a risk to innocent passersby. If you were injured by a low hanging tree branch, then you could have the right to file a lawsuit against the party or entity responsible for maintenance of the tree with the low hanging branch.
Branches Fallen branches and low hanging tree branches, alike, can represent a significant risk to bicyclists. A Bicycle rider can unknowingly crash into a tree branch, lose control of the bicycle, and fall. Unfortunately, bicyclists might not see the tree branch and realize the threat it represents until it is too late to avoid an incident. Depending on the circumstances, incidents could vary. For example, a bicyclist can crash into a low-hanging tree branch with his or her body. This type of incident could cause head injuries, facial injuries, neck injuries, lacerations, scrapes, etc. If this crash causes the cyclist to lose control and fall off the bike, then additional injuries are likely, including fractures, sprains/strains, back injuries, etc. If the bicyclist crashes into a fallen tree branch that on the floor or sidewalk, then similar fall injuries are likely. Of course, if the incident occurs near a busy road or on rough terrain, it is possible that injuries are even more devastating. Without a doubt, bicyclists are among those at most risk to be injured by fallen or low hanging tree branches.
Trees usually fall without much warning. Because of their large dimensions and weight, tree falls can cause extensive damage to property as well as serious personal injuries. Common injuries due to tree falls are as follows
Tree collapses causing death: Wrongful Death lawsuits: Wrongful death is the death of a person by someone who is liable but did not directly and deliberately cause the death of that individual. A wrongful death claim in common law jurisdiction has been specifically made due to a loophole where a person cannot file a lawsuit if he or she is technically dead. Wrongful death actions can be brought up by the loved ones of individual who have died do to the negligence of another person.
What is the average case value of a tree branch injury lawsuit? These are normal questions to have whether you have already filed your injury claim or are looking to file your injury claim. The value of any type of claim depends on a number of factors, including the type and severity of the injuries in the accident, the necessary medical care, whether said injuries affect the victim’s ability to work, etc. An experienced lawyer can help you evaluate your claim and better understand how much you could be eligible to recover.
Every accident claim is different; therefore, average case values can sometimes be misleading. In general, accident claims that consist of more severe injuries will be worth more. Injury claims with minor injuries could be worth up to $75,000. Injury claims with moderate injuries can be worth $350,000. Injury claims with severe injuries can be worth $700,000 or more.
For more information about average case values and what you could be eligible to recover if your lawsuit is successful, do not hesitate to contact our experts as soon as possible.
It is important for your attorney understands your suffering and employs the proper experts to determine the extent of your injuries and the compensation you are owed. Statute of Limitations Personal Injury Lawsuits: Civil lawsuits against liable parties need to be filed within a timely manner. Failure to files within a statutorily allotted time period will eliminate your right to recovery under the law. For tree falls and branch collapse injuries, this limit is six (6) months. If your claim is rejected, you cannot simply file another lawsuit right away. You must wait another 6 months before you can try again. Having the right attorney can mean all the difference between a second rejection, or an acceptance.
We at the DTLA Law Group are here for you. We offer all of our clients free legal consultation. We will sit down with you and listen to the facts of your case. Our attorneys will listen and offer their initial thoughts and opinions about your lawsuit. This comes with no financial obligation on your part. We also offer the zero-fee guarantee; this guarantee means that you will not pay us for our services until we prove your case and get you the compensation you deserve. If we are unable to do so, then you will not pay us. We are here for our clients, and this promise is our way of showing you that.Contact the DTLA Law Group today to see what we can do for you.
¡Hablamos español! Aquí en el DTLA Law Group, estamos mas que listos para ayudarle con su caso. Nuestros expertos tienen décadas de experiencia manejando todo tipo de caso y peleando por los derechos de aquellos que han sufrido lesiones por la negligencia de otros. Le podemos ayudar si usted sufrió lesiones relacionadas con una rama caída o baja. Si esta listo para platicar con nuestros abogados, no dude en llamarnos en cuanto pueda. Estamos listos para ayudarle con su caso.
GOVERNMENT LIABILITY FOR PERSONAL INJURY AND CAR ACCIDENTS TREE FALLING ACCIDENT: COURT AWARDS $7.7 MILLION TO INJURED MAN TREE FALL KILLS 12 PEOPLE TREE FALLS ON CHILDREN AT CARE CENTER
Over $500 Million Recovered
for Our Clients
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