Falling Branches and Trees Causing Serious Injuries
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.
Common Causes of Tree Collapse are
- Improper maintenance of the tree. Trees are massive structures, and massive structures are put under the duress of gravity. Many trees are able to maintain their own weight under regular conditions, but during storms and heavy winds, trees can become uprooted and tree branches can collapse and cause serious injury. Trimming branches and maintaining the tree can relieve some of the stress the branches are under and make them more secure. If the property owner of the tree did not keep it reasonably maintained and you suffered injury, you can have the option to file a lawsuit against the owner for the damages incurred.
- Failing to cut down loose branches. Loose branches do not require strong winds for them to be ripped off the tree. A light gust, natural decomposition, and erosion may be all that’s required for it to fall. The owner of the tree must ensure their tree is free of loose branches by conducting an inspection of their trees at reasonable intervals.
- Rain and wind. If a storm is heavy enough, it can rip branches and uproot even the heaviest trees. These are considered “acts of God.”
- Improper installation of the tree. All trees in a school, store, and residential areas are planted. One hopes that the trees were planted properly, otherwise time, erosion, and storms may easily knock it over.
- Weak root system of the tree. Trees, like humans, are different. Some grow large roots while others may not due to genetic abnormalities, malnutrition, and other factors. Proper watering and fertilization may help the trees grow strong, deep roots onto which they can hold their own weight.
Property Owner Liability for falling branches and trees:
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.
Damages You or a Loved One Can Pursue Through a Falling Object Injury Claim
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:
- The owner of the tree knew (or should have known) about defects. Tree owners need to conduct regular inspections of their trees to ensure there are no risks associated with it. If the owner knew about the risk, and did not act, then the owner acted negligently.
- The owner of the tree did not act to fix the issue. The owner of the tree needs to act to remove the risk if they are aware such risk exists. Fixing the tree can involve removing the tree completely or trimming the loose branches. If the owner did not act knowing that there existed potential danger, then the owner can be said to have acted negligently.
- The injured did not know about the risk. The person who was injured needs to fill a requirement, as well. If the injured knew about the risk, then that person willfully put themselves in danger. In order for a court to rule in your favor, you must NOT have known about the potential danger of a tree accident.
Our Recent Verdicts And Settlements
Slip and fall accident
Common Tree collapse and branch fall injuries:
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
Taking Legal Action Against the Negligent Party
- Brain Injuries: A tree has a lot of mass and branches can quickly gain speed. Whether a tree or branch fell on your head, that’s a lot of energy to which your brain was exposed. It is possible that you suffered a brain injury as a result of the collapse.
- Spinal Cord Injuries : A tree can fall on you and crush your back. This can lead to spinal cord injuries like broken spine, herniated discs, dislocated vertebra, paraplegia (paralysis of the hips, legs, and feet), quadriplegia (paralysis of all four limbs), and full-body paralysis.
- Fractured Bones: Heavy trees that fall on your can crush your bones without skipping a beat.
- Internal Organ Injuries: Not all injuries will be visible. It is possible that the force from the tree injured one of your internal organs, which must be treated as soon as possible.
- Back and Neck Injuries: It is possible that the tree will leave you with back injuries that affect the muscles that compose your back and neck.
- Fatalities: Because trees are so big, they can crush a person and kill them. If a loved one was killed by a fallen tree, you have the right to file a lawsuit.
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.
California Premises Liability Lawyers – Selecting the Right Legal Representation
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.