Falling Tree Liability
Recently eight children were hospitalized after a tree located in Brookside Park fell over and landed on them as they waited for the parents or caregivers to pick them up from the Kidspace Children’s Museum. The park is owned by the city of Pasadena and is located next to the Rose Bowl. So when a tree falls, public or private, who is liable for the damages? In this example, it is the city of Pasadena, the landowner.
Under common law, landowners do not owe a duty to those outside their properties to correct natural conditions on the property – even though those conditions might present a hazard to outsiders.
The common law, however, has been replaced by statutes that specifically place the responsibility and liability for any damages resulting from a falling tree on the property owner.
California law requires landowners to ensure the trees under their control are safe and secure. The landowner has a duty to act and will be held liable for any injuries if he or she acted negligently. The negligence standard is what a “reasonable” person of “ordinary prudence” would do to prevent injury.
How an Attorney Can Help You
Why should you retain an attorney if you have been injured by a tree on another person’s property? Most importantly, it can be extremely difficult to demonstrate that the property owner was negligent in maintaining his tree; specifically, the property owner may be able to offer a variety of defenses that show he or she did everything that a reasonable person would do, and, as such, should not be liable for your injuries. It is for this reason that you should contact a legal professional in the area for help with your personal injury case.
Obtaining Legal Help
Our experienced California personal injury lawyers understand that neglectful property owners should be held liable for injuries caused to others for failure to properly maintain their trees, regardless whether you were injured on public or private property.
If you have been injured by a falling tree or other object in the Orange County, Inland Empire, or Los Angeles area, you should find an experienced attorney right away that can handle this matter for you. Call the Law Offices of Brian Brandt at 800.983.4467 or visit us online to speak with an attorney and request a free initial consultation.