Falling Tree Limb & Accidents
Trees enrich the atmosphere with oxygen and are essential to life, as well as provide shade, can be transformed into lumber, and enhance the scenery.
Trees, while beneficial, can cause plenty of danger when they collapse, or when branches fall.
The force of a limb or a falling tree can create enough impact for someone to die on the spot.
Victims who sustained injuries, and surviving loved ones of a family killed by a falling tree limb, as a result, can find justice with a file of a tree accident lawsuit or claim.The Law of Falling Tree Injury Liability
Many accidents with trees are caused by natural forces, but some falling limbs, and trees that collapse are weakened by property owners’ action or inaction.
Tree maintenance that is improper can cause trees to become overgrown quickly and cumbersome where innocent bystanders to the point can be instantly injured or killed.
Owners of property can be held liable legally for negligent maintenance of trees whether they know a likely fatal condition exists or not.
A number of factors have the ability to weaken tree limbs and trees, which need to be corrected by the owner of the property.
Several of these factors entail: vermin and insect infestation; improper tree planting; disease; weakened tree root system; incorrect pruning or not pruning; and lack of proper soil conditions.
Constant rain, heavy snow, aging, and high winds all factor in to create collapsing trees or a dangerous situation of falling limbs, which are impossible to evade.
The speed of a tree’s collapse, and the sheer weight of the tree while sustaining a vertical fall to the ground, can produce crucial physical damage to property and humans alike.
Tree accident victims usually sustain catastrophic injuries, which can include:
Paralysis; fatalities; neck and shoulder injuries; internal organ damage; bone fractures and broken bones; crushing injuries which usually require amputation; head trauma and traumatic brain injury; internal organ damage; and quadriplegia and paraplegia spinal cord injury.
Owners of property are legally responsible to offer every occupant, passerby, and visitor a safe environment while on the property.
It is the property owner’s duty to monitor any dying tree, and take immediate action to make sure the public is not in danger.
Occurring on the property of another, when victims sustain injuries in a tree accident, they have the lawful right to seek compensation on the laws of premises liability.
Premises liability lawsuits which are successful stipulate the victim to show proof of their claim with three specific elements, which include:
Tenants, occupants, or property owners neglected to correct the problem, and failed to warn others of the condition.
Tenants, occupants, or property owners were aware, or should have been aware, that a hazardous condition existed with the tree, to cause a likely risk of danger.
The victim was not aware that the hazardous condition existed, and that there were crucial risks to result in harm.