Tree Injury Accident Lawsuit

Locate a Local Personal Injury Lawyer

Find Lawyers in Other Categories
Most Common Personal Injury Law Issues:

How Can I Sue for a Falling Tree Branch Injury?

When a person is injured by a falling tree branch, many different factors affect who 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. If you are hurt in a tree accident, you may be able to sue the property owner or other entity that maintains and controls the property.

Tree accident injuries usually fall under the legal category of premises liability. Premises liability allows victims to hold property owners liable for injuries that occur on the property since property owners have a duty to maintain their premises in a reasonably safe condition.

How Can I Hold Private Property Owners for My Falling Tree Branch Injury?

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. The owner could not reasonably be expected to maintain the trees on the property, and to remove dead branches from them.

In order to hold the defendant accountable for the injuries caused by the tree on defendant's property, you need to be able to establish liability. Under a claim based on negligence, you must show:

What If the Tree Is on Public Property?

If the tree is on public property, the issue is slightly more complicated. If you were injured on a public property, such as a park, you must prove that the government or local entity failed to maintain the property in a reasonably safe condition or failed to correct or warn of a danger that the government knew or should have known existed on the property.

Are There Any Defenses to a Falling Tree Branch Lawsuit?

As mentioned previously, a lawsuit over an injury caused by a falling tree branch is a type of premise liability. As such, most arguments against a falling tree branch lawsuit will utilize the same points as a premise liability defense:

What Are My Recoverable Damages for Tree Accident Injuries?

If you are successful in establishing liability and the defendant is held accountable for your injuries, you may recover damages. Your recoverable damages may include:

Do I Need a Lawyer for My Falling Tree Branch Injury?

If you or a loved one has been injured by a falling tree branch, you should speak to a personal injury attorney immediately to learn more about preserving your rights and remedies. A experienced and knowledgeable attorney can review the particular facts involving the injury and discuss the parties that can be held accountable.

Consult a Lawyer - Present Your Case Now!
Last Modified: 03-11-2015 04:41 PM PDT

Find the Right Lawyer Now

Link to this page

Law Library Disclaimer

LegalMatch Service Mark