Many people think of trees as just existing in nature. They believe that if a tree limb falls and it results in an injury to someone, it is just an “act of God.” This is not necessarily there. There are several situations in which the property owner can be held liable for damage and injuries caused by trees on their property. Keep reading to learn more and then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
The Responsibility of California Property Owners
It is required by law that California property owners maintain their trees, along with other aspects of their property, to avoid accidents and injuries to others. The law requires that an owner take “reasonable care” to keep their property “reasonably safe.” As far as tree maintenance goes, this means that owners should remove dead trees, rotten trees, or fallen material from their trees, and that they need to keep their trees trimmed.
In the event that a landscaping company has been hired to take care of this duty, then that landscaping company is likely to become responsible for any injuries resulting from their inability or failure to maintain the trees.
You Must Find the Owner of the Tree
Interestingly, the at-fault party is the owner of the tree – which might not be the owner of the property you were on when you were injured. A tree is the responsibility of the owner of the land on which the trunk stands. If their tree has branches on another person’s property, or roots that go onto their neighbor’s property, then they are responsible for any injuries their tree causes. In the event that the trunk of the tree is on two property lines, the liability is split between both owners.
There Are Many Types of Tree Accident Injuries
There are many ways a person can be injured by another person’s tree. A limb might fall on them while they are walking and cause a brain injury or broken bones. The tree could fall into the street and cause a car accident. A tree that is not properly trimmed might obstruct visibility enough to cause an accident. A person could be electrocuted by a power line that was knocked down by a fallen tree.
These are just a few examples of the ways in which a tree can cause accidents and injury. If you have suffered one of these injuries, or another type caused by a tree, then your next step should be to contact a personal injury attorney. You can talk to Law Offices of Fernando D. Vargas at 909-982-0707 now for a free legal consultation.
