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Falling Tree Branch Lawsuit
When a person is injured by a falling tree branch, many different factors affect who, if anyone, will be held liable. It depends largely on whose property the injury took place, whether the tree was on public or private property, who was responsible for maintaining the tree, and whether or not the injured person was acting carelessly.
Property owners generally have a duty to make their property reasonably safe for people who are on the property lawfully. This would include ensuring that trees are properly maintained. The scope of this duty would depend partly on the type of property involved. A large and remote tract of heavily wooded land is different from a residential lot. With the former, the owner could not reasonably be expected to maintain the trees on the property, and to remove dead branches from them. However, on the former, which might only have 1 tree, it is far more reasonable to require the owner to undertake such maintenance.
If it can be shown that the property owner knew or should have known of the risk of falling tree branches, and failed to act on this fact, a person injured by a falling tree branch should be able to successfully sue the property owner for injuries.
If the tree is on public property, the issue is slightly more complicated. Governments enjoy what is known as “sovereign immunity.” This essentially means that states and municipalities cannot be sued unless they have consented to be sued. Most states have waived this immunity for their own negligence, or for the negligence of their agents, but damages are usually capped at relatively low dollar amounts.
If a private contractor was responsible for maintaining the trees on public property, anyone injured by a falling tree branch might be able to go after the contractor, rather than the government.
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