Falling trees or branches can cause devastating injuries and significant property damage, particularly during storms or as a result of poor maintenance. Property owners, municipalities, and public entities have a legal duty to ensure that their trees are properly maintained and do not pose a danger to the public. When they fail in this responsibility, the consequences can be catastrophic. If you or a loved one has been injured, or your property has been damaged due to a falling tree or branch, an experienced tree fall lawyer can help you navigate the legal process and seek the compensation you deserve.

At Knapp Moss, we represent victims of tree fall accidents throughout California. Whether the accident was caused by a negligent property owner, a city’s failure to maintain public trees, or an unsafe construction zone, our team is committed to holding the responsible parties accountable and helping you recover financially for your losses.

Why You Need a Tree Fall Lawyer

Tree fall cases can be complex, often involving questions of liability, property ownership, and government responsibility. Determining who is at fault for a falling tree can be challenging, especially when multiple parties are involved. A tree fall lawyer can assist you in several ways:

• Proving Liability: Property owners and public entities are responsible for maintaining the safety of the trees on their property. Your lawyer will investigate the circumstances of the tree fall, gather evidence, and determine whether negligence played a role. This includes assessing tree maintenance records, property ownership, and other factors that contributed to the fall.
• Dealing with Insurance Companies: Insurance companies representing property owners or municipalities may try to minimize payouts or deny responsibility altogether. A lawyer will handle negotiations with insurers, ensuring that you are not pressured into accepting a low settlement.
• Navigating Government Liability: If the tree fall occurred on public property, such as a park or street, a claim may need to be filed against a government agency. Government liability claims often have strict deadlines and specific procedural requirements, and your lawyer will ensure that all necessary steps are followed.
• Maximizing Compensation: Tree falls can result in serious injuries, medical expenses, property damage, and lost wages. A lawyer will help you calculate the full extent of your losses and pursue the maximum compensation available under the law.

Common Causes of Tree Falls

Tree falls can occur for various reasons, many of which involve negligence or improper maintenance. Understanding the cause of the tree fall is essential to building a strong legal case and holding the responsible party accountable. Some of the most common causes of tree falls include:

• Negligent Tree Maintenance: Property owners and municipalities are responsible for ensuring that trees are regularly inspected and maintained. If a tree is diseased, damaged, or structurally unsound, it can pose a serious risk. Failing to prune or remove dangerous trees can lead to preventable accidents.
• Storm Damage: High winds, heavy rain, and lightning strikes can weaken trees or cause branches to fall. While storms are natural events, property owners and government entities have a duty to ensure that trees are stable and trimmed to reduce the risk of damage during severe weather.
• Root Damage: Construction projects or landscaping work that disturbs a tree’s roots can destabilize the tree, increasing the risk of a fall. Contractors or property owners may be liable for tree falls caused by root damage.
• Rotting or Diseased Trees: Trees that are decayed, rotting, or infected with disease are more likely to collapse. Improper irrigation can also negatively affect tree health. Property owners are expected to inspect and address any signs of disease or decay before they become dangerous.
• Inadequate Tree Removal: Trees that are dead or in poor condition should be removed promptly to prevent accidents. Failing to properly remove or replace dangerous trees can result in severe injuries or property damage.

Injuries and Damages in Tree Fall Cases

Tree falls can cause severe injuries, including head trauma, spinal cord injuries, and broken bones. In some cases, tree falls can be fatal. In addition to physical injuries, victims may face significant financial burdens from medical expenses, lost wages, and property damage. Common injuries and damages in tree fall cases include:

• Traumatic Brain Injuries (TBI): Falling trees or branches can cause traumatic brain injuries, which may result in long-term cognitive impairments, memory loss, and physical disabilities.
• Spinal Cord Injuries: If a tree or branch falls on a person’s back or neck, it can lead to spinal cord injuries, resulting in partial or complete paralysis.
• Broken Bones: Tree falls frequently cause broken or fractured bones, particularly in the arms, legs, or ribs, which may require surgery and rehabilitation.
• Lacerations and Contusions: Victims may suffer deep cuts, bruises, or other injuries that require medical treatment or lead to scarring.
• Death: In tragic cases, tree falls can result in death. Surviving family members may be entitled to compensation through a wrongful death claim.
• Property Damage: Tree falls can cause significant damage to homes, vehicles, and other personal property. Victims may seek compensation for the cost of repairs or replacement of damaged property.

Who is Liable for a Tree Fall?

Determining liability in a tree fall case depends on where the tree was located and who was responsible for its maintenance. Liability can fall on several parties, including:

• Private Property Owners: Property owners are responsible for maintaining the trees on their land. If a tree or branch falls from private property and causes injury or damage, the owner may be held liable for failing to properly maintain or remove the tree.
• Public Entities: Trees located on public property, such as parks, streets, and government buildings, are typically the responsibility of the city, county, or state government. If a public entity fails to maintain a dangerous tree and it causes harm, they may be held liable. Claims against public entities often have specific filing requirements and deadlines.
• Contractors or Landscapers: If a tree fall is caused by improper maintenance, landscaping work, or construction activities, the contractor or landscaper responsible for the work may be held liable for damages.
• Utility Companies: Utility companies may be liable for tree falls if the tree interfered with power lines or if the company failed to properly trim or maintain trees near its infrastructure.

Filing a Claim Against a Public Entity in Tree Fall Cases

Filing a claim against a government agency or public entity in a tree fall case requires following specific procedures. In California, you must file a government claim notice before pursuing a lawsuit. The process includes the following steps:

1. Filing the Government Claim Notice: The injured party must file a government claim notice within six months of the tree fall incident. This notice informs the public entity of the injury or damage and allows them to investigate the claim.
2. Waiting for a Response: After the government claim is filed, the public entity has 45 days to respond. They may accept the claim and offer a settlement, deny the claim, or fail to respond (which is treated as a denial).
3. Filing a Lawsuit: If the public entity denies the claim or fails to respond, the injured party can file a lawsuit. This must be done within six months of the claim’s denial. If the entity offers a settlement, you can decide whether to accept it or pursue further legal action.

Compensation in Tree Fall Cases

Victims of tree falls may be entitled to several types of compensation, depending on the severity of the injuries and the impact on their lives. Common forms of compensation in tree fall cases include:

• Medical Expenses: This includes compensation for hospital bills, surgeries, rehabilitation, and any ongoing medical treatment required due to the injury.
• Lost Wages: If the injury prevents you from working, you may be entitled to compensation for lost wages. In cases of permanent disability, compensation for loss of future earning capacity may also be available.
• Pain and Suffering: Injuries caused by tree falls often result in significant physical pain and emotional distress. Compensation for pain and suffering accounts for the non-economic impact of the injuries, such as mental anguish and loss of enjoyment of life.
• Property Damage: Victims can seek compensation for property damage, including repair or replacement of damaged vehicles, homes, or other personal property.
• Wrongful Death: In cases where a tree fall leads to the death of a loved one, surviving family members may pursue a wrongful death claim to recover funeral expenses, loss of financial support, and loss of companionship.

How a Tree Fall Lawyer Can Help

Navigating a tree fall injury claim or lawsuit can be overwhelming, especially when dealing with the physical and emotional toll of the accident. A tree fall lawyer can provide valuable support throughout the process:

• Investigating the Accident: Your lawyer will conduct a thorough investigation of the tree fall, gather evidence, and determine who is responsible for maintaining the tree.
• Filing Claims: If the tree fall occurred on public property, your lawyer will ensure that the necessary government claims are filed within the appropriate deadlines.
• Negotiating Settlements: Insurance companies and public entities may offer settlements that do not fully cover your losses. Your lawyer will negotiate on your behalf to secure fair compensation for your injuries and property damage.
• Filing a Lawsuit: If a fair settlement cannot be reached, your lawyer will file a lawsuit and represent you in court to pursue the compensation you deserve.

Why Choose Knapp Moss?

At Knapp Moss, we have extensive experience handling tree fall cases and other personal injury claims throughout California. Our legal team is dedicated to providing personalized, compassionate representation and fighting for the maximum compensation available. We work on a contingency fee basis, meaning you don’t pay unless we win your case.

Conclusion

If you or a loved one has been injured or suffered property damage due to a falling tree, hiring an experienced tree fall lawyer can help you secure the compensation you need to recover. At Knapp Moss, we are committed to helping victims of tree falls seek justice and hold responsible parties accountable. Contact us today for a free consultation.