Every year, hundreds of thousands of dollars in injuries and damage to property are incurred from falling trees and tree limbs. These accidents are often the result of another person or party’s negligence and are often fatal. While proving liability in such cases can be difficult, the typical severity of the damage warrants at least an investigation into potential legal action.
Blame for a falling tree depends on a number of factors, including whether the accident occurred on public or private property, who was responsible for the tree’s maintenance, and the actions of the injured person. A property owner could not be held responsible, for example, if the injured person was trespassing or climbing the tree without explicit permission.
Also playing into the legal equation is the size and nature of the property in question. For instance, a large, isolated plot of wooded land would likely be expected to receive less individual attention per tree than would a small residential yard.
Generally, if it can be proven that a person should have known about the risk of a falling tree or branch, or did know and failed to act appropriately, liability for damages can be successfully asserted. However, government property follows its own specific set of rules and regulations, with the policy of “sovereign immunity” essentially meaning that state and municipal governments cannot be sued unless they agree to be sued.
If you or someone you love has been injured by a falling tree or tree branch and you suspect another party’s gross negligence is in some way responsible, contact the Sheboygan personal injury lawyers of Habush Habush & Rottier S.C. ® at (920) 459-8000 today.