Many consider an incident involving a falling tree or branch a freak accident. It is possible that the negligence of the person who owns that property is to blame for the incident.
Falling trees or tree branches can cause spinal injuries, concussions, broken bones and other painful conditions. Accident victims often want to know their options in seeking compensation.
Understanding premises liability
Owners or occupiers of land must follow the law of premises liability for falling tree branches or trees. Under premises liability, the owner or occupier of the property has a responsibility to maintain a reasonably safe condition with both the interior and exterior of the property. Many assume the liability rests with accidents and injuries inside the house. The law extends reasonable care and protection to any area on the property.
Understanding the care for trees
It is the incumbent duty of occupiers and owners of real estate to check the trees on their property. This periodic inspection should inspect and prune the trees to make sure they are not a potential danger to anyone on or near the property. If there is prior knowledge or a reasonable expectation that the owner or occupier knew a hazardous condition existed, this could put the liability for damages squarely on the individual. There is a difference between a force of nature or an act of God causing injuries compared to negligence.
Property liability and injury compensation are complex matters. This is true when things like falling tree branches cause injury. Be sure to get any injuries treated right away and follow up with the legal elements later.