Those who have suffered a falling tree injury or have been injured by falling tree branches may qualify to file a lawsuit and pursue financial compensation with the help of our experienced California tree injury attorneys.
Personal injury cases involving falling trees and/or falling branches allege that people suffer tree-related injuries because of the negligence of others.
Call our experienced California tree injury lawyers today for a FREE case evaluation at (800) 718-4658 or contact us if you or a loved one has been injured or killed by a falling tree or branch. We’ve been helping Californians injured by dangerous conditions on properties since 1990, have the extensive resources and trial-readiness to take on any defendant, and will charge you no legal fee until we win your case.
Key Takeaways
- California property owners may be responsible for dangerous tree conditions they knew about or reasonably should have discovered through inspection.
- Homeowners, landlords, HOAs, businesses and government agencies may be held liable for tree injuries depending upon who controlled the tree.
- Injury victims may file personal injury claims seeking compensation for medical costs, lost wages, pain and suffering, with case value depending upon documentation and injury severity.
- Most tree injury claims must be filed within two years of the date of injury under California law, although the deadline is six months regarding government-owned trees.
- You can clarify who is responsible for your tree-related injuries by obtaining a free consultation with a personal injury attorney before evidence disappears.
Table of Contents
- Who Is Liable When a Tree Falls in California?
- What Causes Tree Accidents and Injuries?
- What Are the Legal Grounds for a California Tree Injury Claim?
- Can You Sue After Being Injured by a Falling Tree or Falling Tree Branches?
- What Damages Can You Recover After a Tree Accident?
- What if a City or Government-Owned Tree Caused Your Falling Tree Injury?
- California Statute of Limitations for Tree Injury Claims
- Discuss Your Claim With a California Tree Injury Attorney
Who Is Liable When a Tree Falls in California?
Liability for a fallen tree typically falls on whoever owned or controlled the property that the hazardous tree stood on.
Tree ownership liability is defined by California Civil Code Sections 833 and 834, which distinguish between trees whose trunks stand wholly on one landowner’s land and boundary trees whose trunks stand partly on two landowners’ land.
Liability in these cases falls on whose negligence caused a tree or branch to fall. California Civil Code Section 1714 requires Californians to exercise a reasonable level of care to prevent harm from occurring. A personal injury lawyer can hold a negligent party liable when their failure to exercise reasonable care causes someone to be injured by a tree on public or private property.
Property owners need to maintain trees in order to prevent injuries. Property owners can be held liable for injuries caused by falling trees that weren’t properly maintained.
Tree owners are not typically liable when people are injured by trees and negligence did not occur. For example, legal liability is typically not created by a healthy tree which falls in an unforeseeable storm.
Negligence claims can be supported by things like leaning trees, exposed roots or visible decay which clearly indicate that a property owner knew or should have known a tree posed an injury risk.
Legal matters which involve trees may involve local ordinances and property lines.
Homeowner and Landlord Liability for Falling Trees and Branches
Homeowners need to inspect and maintain trees on their properties in order to prevent neighbors and guests from being foreseeably harmed.
Landlords and property managers also need to inspect and maintain trees on their properties to prevent tenants and guests from being foreseeably harmed.
A tree that is fully rooted on a single property typically belongs to that property owner for the purposes of liability.
HOA and Commercial Property Liability
HOAs are responsible for trees in common areas. They must document tree inspection and maintenance schedules.
Business owners and shopping centers are also responsible for trees in common areas, and must document tree inspection and keep maintenance records in order to protect customers.
What Causes Tree Accidents and Injuries?
Numerous factors cause tree accidents and injuries, including:
- Storm damage to unhealthy trees
- Root decay
- Disease
- Overgrown limbs
- Improper trimming
- Soil erosion, which can weaken root systems
Over 100 people are killed in the United States each year by falling trees, according to the Occupational Safety and Health Administration (OSHA). Falling trees or heavy branches can cause serious injuries such as traumatic brain injuries, broken bones, crush injuries, internal injuries, spinal cord injuries and more. A city-owned palm tree has even caused a man to develop paraplegia in a widely-reported San Diego case.
Trees with visible signs of decay commonly cause accidents.
Tens of millions of California trees are weakened by drought conditions.
Cities with poor tree maintenance commonly experience injuries caused by falling trees.
Falling branches can injure pedestrians, cyclists and drivers, and they can hit power lines, creating a risk of electrical shock. Falling trees can strike vehicles, homes and job sites.
Tree trimming and removal work is risky work. 1,285 tree care workers died in the United States from 1992 through 2007, with 44 percent of them killed during trimming or pruning, according to the CDC.
What Are the Legal Grounds for a California Tree Injury Claim?
Legal issues that are tree-related span specific practice areas, including premises liability, negligence, private nuisance, trespass and property damage. Most tree injury claims proceed as premises liability or negligence actions. Negligence needs to be proven in order to win a tree injury case.
The elements needed for a tree injury claim in California are:
- A dangerous tree
- Notice or constructive notice of a hazard
- A failure to act on the notice or constructive notice
- An injury which occurs because of the failure to act
Our experienced premises liability lawyers can help you if you were injured by a tree because a property owner failed to fix a known hazard.
Tree injury claims can be strengthened by evidence such as surveillance footage, prior complaints and arborist inspection reports.
California courts recognize that cases which involve neighbors’ trees damaging other properties are property damage cases.
Can You Sue After Being Injured by a Falling Tree or Falling Tree Branches?
Yes. You can sue after being injured by a falling tree. Those who may qualify to file a lawsuit seeking financial compensation for medical bills, lost wages, reduced earning capacity, pain, suffering and more include:
- Pedestrians struck by falling limbs
- Drivers hit by falling trees
- Tenants injured on rental properties
- Employees hurt during tree removal
- Visitors injured on commercial properties
One must prove a property owner had a reasonable opportunity to address an unsafe condition to successfully sue after being injured by a falling tree.
Neighbors may be held liable if their trees were diseased, leaning or previously flagged as hazards before they fell.
Healthy trees that fall during extreme weather with no prior warning signs typically won’t create any liability.
Injured tree service workers may have valid workers’ compensation claims through their employers. However, third parties such as utility companies or property owners who concealed hazards may bear separate liability.
What Damages Can You Recover After a Tree Accident?
Tree injury victims can recover economic and non-economic damages, including financial compensation for:
- Medical expenses, including future medical treatment needs
- Lost wages
- Pain and suffering
- Wrongful death, when applicable
Case value depends on injury severity, documentation, case circumstances and evidence strength.
Minor injuries may lead to settlements or verdicts involving just a few thousand dollars.
Cases involving catastrophic injuries or wrongful death, however, may lead to settlements or verdicts involving millions of dollars. For example, a 2021 tree collapse ended up leading to a $19 million settlement, according to the Los Angeles Daily News.
Past results do not guarantee future outcomes. All cases are unique and results depend on cases’ specific facts.
What if a City or Government-Owned Tree Caused Your Falling Tree Injury?
Government agencies can be held liable for trees they fail to maintain along roadways, in parks or on public property like a public park.
You must file an administrative claim within six months to sue a government entity under Government Code Section 911.2.
California Statute of Limitations for Tree Injury Claims
Most tree injury lawsuits must be filed within two years of the date of injury.
However, exceptions exist to this time limit. Some exceptions lengthen the time limit and others shorten it.
For example, a claim against the government entity responsible for your injuries must be filed within six months of the date of injury.
It is advisable to consult with an attorney as soon as possible if you have been injured by a tree. Waiting to consult with our law firm can allow physical evidence like a fallen tree or branch being removed before it can be inspected.
Discuss Your Claim With a California Tree Injury Attorney
Call our experienced attorneys today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was injured or killed by a falling branch or tree.
We provide our clients with 24/7 availability, reliable communication and frequent case updates, and we are willing to fight for you in court if a fair settlement can’t be reached out of court.
The only legal fee we will ever charge you is a percentage of any compensation we recover for you, as we work on a contingency fee basis.
Let us pursue justice for you and seek to relieve the financial stress caused by your injuries. Call us today for a free case evaluation.
